Acts and resolutions of the General Assembly of the state of Georgia 1987, volume I

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19870000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1987 19870000 Compiled and Published by Authority of the State

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 1597 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLII Population of Georgia CountiesNumerically CLV Georgia Senatorial Districts, Alphabetically by County CLVII Georgia Senators, Alphabetically by Name CLIX Georgia Senators, Numerically by District CLXI Georgia House Districts, Alphabetically by County CLXIV Georgia Representatives, Alphabetically by Name CLXVI Georgia Representatives, Numerically by District CLXXIV Status of Referendum Elections CLXXXII Vetoes by the Governor CCLXXX VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of Local Application 3501 County Home Rule Actions 5499 Municipal Home Rule Actions 5563 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLII Population of Georgia CountiesNumerically CLV Georgia Senatorial Districts, Alphabetically by County CLVII Georgia Senators, Alphabetically by Name CLIX Georgia Senators, Numerically by District CLXI Georgia House Districts, Alphabetically by County CLXIV Georgia Representatives, Alphabetically by Name CLXVI Georgia Representatives, Numerically by District CLXXIV Status of Referendum Elections CLXXXII Vetoes by the Governor CCLXXX

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COMPILER'S NOTE General Acts and Resolutions of the 1987 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 1597. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties which were filed in the office of the Secretary of State during 1987 are printed in Volume II beginning at page 5499. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1987 are printed in Volume II beginning at page 5563. There are no numbered pages between page 1601 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index also contains a list of Code sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the governor.

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ACTS BY NUMBERS, PAGE REFERENCES 1 1 2 2 3 3 4 34 5 3501 6 3503 7 3506 8 3508 9 37 10 3512 11 3514 12 3516 13 3518 14 3520 15 3523 16 3525 17 3527 18 3529 19 3531 20 3533 21 3535 22 3537 23 3539 24 3541 25 3543 26 3545 27 3548 28 3550 29 3552 30 3554 31 3556 32 3558 33 3560 34 3562 35 3564 36 3566 37 3568 38 3570 39 3572 40 3574 41 3576 42 3578 43 3580 44 3582 45 3584 46 38 47 3586 48 3588 49 3590 50 3592 51 3594 52 3596 53 3598 54 3600 55 3602 56 3604 57 3606 58 3608 59 3610 60 3612 61 3614 62 3616 63 3618 64 3620 65 3623 66 3625 67 3631 68 3633 69 3635 70 3637 71 3639 72 3641 73 3643 74 3645 75 3647 76 3649 77 3651 78 3653 79 3655 80 3657 81 3659 82 3661 83 3663 84 3665 85 3667 86 3669 87 139 88 3673 89 3680 90 3689 91 3691 92 3693 93 3696 94 3698

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95 3700 96 3703 97 3705 98 3707 99 3709 100 3711 101 3713 102 3715 103 3717 104 3719 105 3722 106 3724 107 3726 108 3728 109 3730 110 3732 111 3734 112 3736 113 3738 114 146 115 3740 116 3752 117 150 118 166 119 167 120 169 121 173 122 175 123 176 124 3765 125 3771 126 3773 127 3775 128 3780 129 3782 130 3784 131 3786 132 3788 133 3790 134 3792 135 3794 136 3796 137 3798 138 3800 139 3802 140 3804 141 3805 142 3807 143 3809 144 3811 145 3813 146 3815 147 3817 148 3819 149 3821 150 3823 151 3825 152 3827 153 3829 154 3831 155 3833 156 3835 157 3837 158 3839 159 3841 160 178 161 179 162 185 163 186 164 3843 165 191 166 234 167 3858 168 240 169 250 170 3860 171 3863 172 3865 173 251 174 252 175 260 176 3906 177 3914 178 261 179 3983 180 266 181 3989 182 268 183 275 184 3991 185 3993 186 4020 187 4021 188 4024 189 4026 190 4043 191 4083 192 4087 193 4089 194 4091 195 4093 196 4095 197 4098 198 4103

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199 4107 200 4111 201 4115 202 4118 203 4122 204 4124 205 4127 206 4132 207 4136 208 4168 209 4170 210 4172 211 4174 212 4180 213 4195 214 4197 215 4199 216 4201 217 4203 218 4205 219 4207 220 4209 221 4213 222 4218 223 4220 224 4222 225 4224 226 4227 227 4231 228 4239 229 4241 230 4245 231 4250 232 4252 233 4254 234 4259 235 4261 236 4263 237 4267 238 4270 239 4274 240 4276 241 4279 242 4281 243 4287 244 4290 245 4293 246 4295 247 4298 248 4300 249 4302 250 4304 251 4306 252 4308 253 4310 254 4328 255 4361 256 4364 257 4366 258 4395 259 4397 260 4399 261 4403 262 4404 263 4406 264 4409 265 4412 266 4414 267 4417 268 4419 269 4423 270 4427 271 4429 272 4430 273 4432 274 4438 275 4441 276 4444 277 4460 278 4462 279 4464 280 4466 281 4468 282 4470 283 4475 284 4478 285 4482 286 4485 287 4487 288 4489 289 4491 290 4493 291 4495 292 4503 293 4505 294 4507 295 4509 296 4510 297 4512 298 4515 299 4517 300 4519 301 4521 302 4523

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303 4525 304 4527 305 4530 306 4532 307 4534 308 4536 309 4538 310 4540 311 4542 312 4544 313 4546 314 4548 315 279 316 282 317 283 318 286 319 291 320 4550 321 4552 322 4554 323 4557 324 4593 325 4596 326 4607 327 4609 328 4689 329 294 330 295 331 4718 332 4721 333 4725 334 4753 335 296 336 4766 337 4768 338 4770 339 4773 340 4775 341 4777 342 4780 343 4782 344 4789 345 4792 346 4796 347 4798 348 4801 349 4804 350 4805 351 4808 352 4810 353 4812 354 4814 355 297 356 4817 357 4819 358 4821 359 4824 360 4826 361 4829 362 4831 363 4835 364 4837 365 4840 366 4842 367 4844 368 4849 369 4852 370 4854 371 4857 372 4891 373 4893 374 316 375 4895 376 4897 377 4904 378 4908 379 4910 380 4912 381 4915 382 4919 383 4929 384 4943 385 4955 386 4958 387 4961 388 4963 389 4964 390 4967 391 4969 392 4971 393 4973 394 4976 395 4978 396 4980 397 4983 398 4988 399 4992 400 4994 401 5007 402 5009 403 5013 404 5015 405 5018 406 5032

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407 5035 408 5042 409 5053 410 5070 411 5085 412 5101 413 5103 414 5105 415 5109 416 5111 417 5113 418 5115 419 5118 420 5121 421 5128 422 5130 423 5133 424 5135 425 5146 426 5150 427 5152 428 5154 429 5156 430 5158 431 5160 432 5216 433 5221 434 5223 435 5225 436 5228 437 5230 438 5236 439 5238 440 5240 441 5242 442 5244 443 5246 444 5249 445 5252 446 5255 447 5257 448 5259 449 5262 450 5263 451 5265 452 5267 453 5270 454 5272 455 5275 456 5277 457 5279 458 5281 459 5284 460 5286 461 5288 462 5290 463 5299 464 5325 465 5330 466 5334 467 5354 468 5358 469 5361 470 5364 471 5367 472 5381 473 5388 474 5391 475 5394 476 5397 477 5400 478 5409 479 5412 480 5414 481 5416 482 5418 483 5424 484 5441 485 317 486 319 487 320 488 322 489 324 490 325 491 325 492 328 493 329 494 330 495 331 496 334 497 337 498 339 499 340 500 342 501 343 502 345 503 347 504 348 505 349 506 351 507 352 508 353 509 355 510 357

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511 358 512 359 513 360 514 361 515 363 516 364 517 365 518 366 519 369 520 370 521 373 522 374 523 375 524 5449 525 377 526 378 527 381 528 382 529 385 530 387 531 389 532 390 533 392 534 393 535 396 536 397 537 398 538 399 539 5452 540 400 541 401 542 403 543 404 544 406 545 407 546 409 547 410 548 414 549 417 550 428 551 430 552 431 553 432 554 433 555 435 556 439 557 440 558 443 559 444 560 445 561 448 562 452 563 454 564 455 565 457 566 458 567 465 568 467 569 468 570 469 571 473 572 475 573 476 574 477 575 479 576 480 577 481 578 484 579 485 580 486 581 524 582 525 583 529 584 530 585 534 586 535 587 536 588 537 589 539 590 541 591 542 592 553 593 555 594 557 595 558 596 559 597 561 598 562 599 563 600 564 601 565 602 567 603 573 604 575 605 595 606 596 607 603 608 611 609 613 610 614 611 617 612 619 613 622 614 623

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615 624 616 626 617 630 618 631 619 632 620 634 621 635 622 641 623 642 624 647 625 5457 626 654 627 655 628 656 629 658 630 660 631 662 632 663 633 665 634 745 635 787 636 794 637 797 638 805 639 806 640 810 641 813 642 814 643 816 644 817 645 5460 646 820 647 822 648 832 649 834 650 837 651 840 652 841 653 842 654 843 655 846 656 848 657 849 658 866 659 869 660 870 661 875 662 887 663 891 664 896 665 904 666 905 667 906 668 908 669 911 670 912 671 913 672 915 673 922 674 932 675 945 676 949 677 953 678 959 679 964 680 965 681 967 682 968 683 977 684 979 685 983 686 984 687 986 688 989 689 990 690 992 691 993 692 997 693 999 694 1000 695 1005 696 1007 697 1009 698 1010 699 1012 700 1013 701 1018 702 1020 703 1021 704 1023 705 1030 706 1032 707 1035 708 1037 709 1038 710 1040 711 1046 712 1047 713 1049 714 1050 715 1051 716 1054 717 1055 718 1057

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719 1059 720 1062 721 1064 722 1065 723 1067 724 1072 725 1082 726 1089 727 1090 728 1091 729 1093 730 1100 731 1101 732 1110 733 1113 734 1114 735 1116 736 1117 737 1119 738 1120 739 1131 740 1133 741 1141 742 1142 743 1145 744 1149 745 1152 746 1153 747 1155 748 1156 749 1159 750 1164 751 1169 752 1299 753 1300 754 1319 755 1322 756 1333 757 5479 758 5484 759 5488 760 1334 761 5490 762 1335 763 5494 764 1337 765 1342 766 1347 767 1349 768 1360 769 1384 770 1386 771 1397 772 1400 773 1413 774 1416 775 1425 776 1431 777 1433 778 1435 779 1439 780 1442 781 1444 782 1446 783 1448 784 1454 785 1459 786 1462 787 1464 788 1466 789 1470 790 1474 791 1482 792 1486 793 1489 794 1491 795 1494 796 1497 797 1575 798 1576 799 1586 RESOLUTIONS BY NUMBER, PAGE REFERENCES 1 276 2 669 3 670 4 672 5 674 6 676 7 677 8 678

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9 681 10 682 11 686 12 688 13 691 14 693 15 695 16 697 17 698 18 702 19 704 20 705 21 706 22 707 23 709 24 710 25 711 26 714 27 716 28 723 29 724 30 725 31 726 32 728 33 730 34 733 35 734 36 735 37 736 38 739 39 742 40 743 41 1598 42 1130 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 1 672 2 753 3 9 6 587 10 647 11 87 12 486 13 27 16 487 17 608 18 488 19 489 20 490 21 491 23 3 25 492 26 4 27 764 28 588 29 609 30 493 31 781 33 494 35 765 38 744 43 749 44 495 45 496 55 589 56 766 63 497 64 28 67 498 69 590 70 591 72 592 73 648 76 706 78 192 79 350 80 593 82 673 87 165 92 782 94 499 99 594 105 1 108 174 109 45 112 193 121 595 122 194

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123 195 125 674 126 610 127 649 131 500 132 767 133 596 134 29 135 501 138 196 141 597 142 675 148 502 149 197 150 198 153 199 154 503 155 797 156 30 160 676 162 504 165 Veto No. 3 166 650 169 178 171 351 178 505 180 598 182 315 183 677 184 160 185 768 187 355 188 633 189 611 190 506 193 707 197 Veto No. 5 198 769 201 770 202 635 203 612 205 31 206 167 207 200 208 32 209 657 210 783 211 201 212 613 222 599 224 600 225 46 226 796 232 754 234 601 236 96 237 202 239 602 241 507 243 Veto No. 7 244 651 245 771 246 784 247 708 255 603 257 203 258 724 259 204 260 5 263 785 264 652 265 746 266 725 267 604 269 726 271 743 275 316 276 205 277 678 279 114 284 206 285 207 286 208 287 209 288 210 289 786 291 653 292 727 293 211 294 485 295 33 296 34 297 605 298 212 300 606 302 163 304 179 307 508 309 317 310 509 316 56 317 213 319 35 320 36

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321 37 322 38 323 39 324 40 325 214 326 510 327 318 328 634 332 215 333 369 335 614 338 654 342 709 343 511 344 162 347 Veto No. 6 349 352 350 41 351 42 352 216 353 217 354 168 355 710 361 43 362 44 363 132 365 615 366 218 368 219 370 133 372 220 373 353 377 512 378 513 380 616 383 607 386 95 387 711 388 12 389 13 390 14 395 15 396 16 398 516 399 514 400 17 402 752 403 18 406 19 407 20 408 21 410 221 411 222 416 741 417 223 421 567 422 712 432 568 439 713 441 224 445 655 449 225 450 569 451 517 452 617 453 8 454 750 455 618 456 570 457 571 459 572 460 787 461 518 462 728 463 679 465 714 466 573 468 226 479 755 483 22 484 23 485 24 486 25 490 57 492 26 493 772 495 227 496 228 497 574 498 619 501 575 502 58 508 660 509 59 512 60 513 61 514 62 515 729 521 715 522 659 525 6 526 7 527 229 528 63

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529 97 531 64 533 65 534 66 535 67 536 68 537 69 538 730 539 432 540 620 541 731 545 230 546 70 548 231 549 232 553 756 554 233 557 732 558 576 559 680 561 681 562 577 563 621 567 234 568 235 569 236 570 71 573 88 574 89 576 519 577 126 578 237 579 238 580 72 581 239 582 716 583 520 585 578 589 176 590 128 591 73 592 74 593 75 594 76 595 77 596 78 597 79 605 682 606 622 607 794 610 683 611 579 614 319 616 717 617 80 618 733 619 580 620 81 621 240 622 115 623 581 624 684 625 734 627 241 628 242 629 116 630 243 641 582 643 354 644 467 647 623 649 685 651 134 653 583 654 624 655 584 657 718 662 123 663 686 667 320 676 585 677 586 678 773 679 244 682 98 683 99 684 100 686 521 689 245 690 246 691 247 692 248 697 101 698 522 707 795 709 249 711 250 712 251 716 82 720 719 721 252 722 720 723 625 724 180

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726 735 728 370 729 523 730 253 731 371 732 177 734 254 741 736 742 774 744 255 746 372 747 102 749 256 750 257 754 373 755 169 756 125 759 515 760 103 761 258 762 104 763 83 764 84 765 85 766 259 769 260 770 261 774 524 779 262 780 263 781 264 782 265 783 266 784 267 785 105 786 106 787 374 788 107 789 86 795 757 797 775 800 626 801 268 802 108 803 124 804 525 805 269 806 270 807 526 809 737 810 Veto No. 9 811 627 812 527 813 271 814 375 815 738 819 272 820 273 825 274 827 275 828 376 829 276 832 277 833 377 834 109 835 528 836 788 838 378 839 628 840 789 843 721 845 379 846 278 847 279 850 464 851 280 852 380 853 381 854 321 855 110 856 281 857 111 858 282 863 322 864 112 866 135 868 283 869 136 872 284 873 629 874 630 875 285 877 529 879 286 880 323 881 324 884 287 885 288 886 289 887 290 888 325 889 326 892 327 893 291

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894 292 895 113 897 631 898 170 899 171 900 137 902 328 903 382 904 293 906 383 907 384 909 385 913 722 914 294 916 658 917 181 925 466 926 295 927 296 928 138 929 297 930 386 931 387 932 463 933 468 935 Veto No. 4 938 139 939 140 940 141 941 388 943 298 944 142 945 143 946 144 947 389 949 530 953 723 954 531 955 145 956 146 957 147 958 471 961 469 962 390 963 391 966 392 969 470 970 393 971 148 972 149 973 150 974 394 975 151 976 395 977 465 978 396 984 462 985 299 986 300 987 301 988 302 989 303 991 304 992 397 994 435 996 407 997 406 1000 404 1002 434 1004 433 1005 438 1006 305 1007 408 1010 632 1012 152 1013 153 1014 437 1015 172 1016 400 1017 401 1018 306 1019 430 1027 429 1028 424 1033 402 1034 431 1038 307 1039 308 1040 423 1043 403 1045 405 1049 428 1050 409 1051 427 1054 309 1055 426 1058 425 1059 154 1060 155 1061 436 1062 156 1063 164 1064 439 1065 157

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1066 159 1067 158 1068 310 1069 311 1076 758 1077 440 1078 441 1080 483 1081 442 1082 443 1083 444 1084 481 1085 445 1086 448 1087 446 1088 447 1090 482 1091 472 1092 450 1093 449 1094 451 1095 452 1096 312 1097 453 1098 759 1099 473 1100 457 1101 456 1103 477 1105 313 1106 314 1107 474 1108 475 1109 476 1110 478 1111 479 1112 480 1113 484 1118 399 1119 418 1120 413 1122 410 1124 422 1125 455 1126 414 1127 416 1128 412 1129 417 1132 411 1135 420 1137 419 1140 415 1141 458 1142 421 1143 454 1145 459 1146 460 1147 461 9 19 11 20 17 21 25 2 42 22 53 3 55 4 56 23 58 24 59 25 60 5 61 6 62 7 64 8 96 9 99 10 100 11 101 12 109 13 125 26 130 42 133 27 146 28 188 29 218 30 249 31 250 32 252 33 254 34 265 35 270 36 275 37 280 38 298 39 2 662 4 329

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10 688 13 549 14 689 23 330 24 637 25 663 26 776 27 664 31 777 33 Veto No. 8 34 747 39 550 41 748 43 690 44 551 45 552 47 691 57 553 59 2 68 554 69 48 71 692 72 331 75 555 77 665 78 556 80 638 81 118 82 119 83 117 84 121 85 122 86 120 92 793 95 10 96 778 101 693 104 760 105 666 106 557 107 161 112 558 113 687 115 332 119 559 121 694 123 166 130 560 131 561 132 639 133 790 136 640 139 761 140 745 142 562 143 563 144 564 145 695 146 565 151 641 156 566 159 740 160 532 162 798 165 356 170 Veto No. 2 172 184 173 533 177 Veto No. 1 179 751 180 534 181 11 184 127 185 333 186 334 187 642 188 535 189 667 190 696 191 742 196 536 198 537 199 538 200 697 203 698 205 539 206 668 208 791 213 49 215 699 216 173 217 47 218 669 219 335 220 799 223 540 224 50 225 53 226 51 227 643 229 700 230 175 231 701 233 336

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236 541 239 542 240 90 241 91 242 92 243 93 244 357 250 337 251 358 252 359 254 182 256 644 263 183 264 543 266 779 267 702 268 656 274 544 275 670 276 338 277 339 278 636 279 340 280 360 282 780 283 671 284 645 286 545 287 546 289 739 293 52 294 54 295 55 296 341 297 362 298 94 299 185 301 762 303 343 306 661 308 342 312 646 314 186 319 344 328 345 329 363 333 398 336 703 337 129 338 130 339 547 341 187 350 364 353 346 356 763 357 548 361 792 362 131 363 188 366 704 368 705 369 189 380 361 381 365 382 190 383 347 386 191 387 348 389 349 390 366 391 367 392 368 12 14 17 15 19 40 33 16 45 1 99 41 120 17 157 18

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1987 MOTOR VEHICLES STAGGERED REGISTRATION PERIODS; LATE REGISTRATION PENALTY. Code Section 40-2-20.1 Amended. No. 1 (House Bill No. 105). AN ACT To amend Code Section 40-2-20.1 of the Official Code of Georgia Annotated, relating to the staggered registration of motor vehicles, so as to change a registration period; to change the amount of the late registration penalty; 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 40-2-20.1 of the Official Code of Georgia Annotated, relating to the staggered registration of motor vehicles, is amended by striking subparagraph (a)(2)(D) and inserting in lieu thereof a new subparagraph (D) to read as follows:

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(D) From April 1 until on or before May 1 for an owner whose name begins with the letter S, T, U, V, W, X, Y, or Z. Section 2. Said Code section is further amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1, be subject to a $15.00 late registration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved January 30, 1987. DOUGLAS JUDICIAL CIRCUIT TERMS. Code Section 15-6-3 Amended. No. 2 (Senate Bill No. 59). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Douglas Judicial

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Circuit; 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 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (15.1) in its entirety and inserting in lieu thereof a new paragraph (15.1) to read as follows: (15.1) Douglas Circuit: Douglas County Second Monday in April and October. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved February 3, 1987. OFFICIAL CODE OF GEORGIA ANNOTATED REVISION. No. 3 (House Bill No. 23). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to

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provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Reserved. Section 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking subsection (a) of Code Section 2-13-16, relating to civil penalties for deficiencies found on chemical analysis of commercial feed, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Where any commercial feed bearing a guaranteed analysis is found by an analysis by the state chemist to be deficient in protein by more than the following percentages, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor: Guaranteed Protein Protein Deficiency Less than 20% more than 2% of the guaranteed protein plus 0.3% 20% but less than 35% more than 2% of the guaranteed protein plus 0.4% 35% but less than 50% more than 2% of the guaranteed protein plus 0.5% 50% or more more than 2% of the guaranteed protein plus 0.6% Section 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) By striking the first sentence in subparagraph (b)(5)(B) of Code Section 3-10-11, relating to contraband apparatus and appliances, and inserting in lieu thereof the following:

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That property which is not required to be destroyed by law and which is not harmful to the public shall be sold. Section 4. Reserved. Section 5. Reserved. Section 6. Reserved. Section 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By inserting and between deposits and the performance of in subsection (c) of Code Section 7-1-590, relating to representative offices of banks and bank holding companies domiciled in other states or territories. Section 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking low and moderate income families and inserting in lieu thereof low or moderate income families in the first sentence of subsection (b) of Code Section 8-3-171, relating to legislative findings and declaration of necessity with regard to the Georgia Residential Finance Authority Act. Section 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By striking paragraph (4) of subsection (b) of this Code section and paragraph (1) of subsection (b) of this Code section and inserting in lieu thereof paragraph (4) of this subsection and paragraph (1) of this subsection in paragraph (3) of subsection (b) of Code Section 9-11-26, relating to general provisions governing discovery. Section 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking Georgia Chamber of Commerce and inserting in lieu thereof Business Council of Georgia, Inc. in paragraph (1) of subsection (b) of Code Section 10-1-395, relating to appointment and duties of the administrator of the Consumer Advisory Board.

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(2) By striking payments and inserting in lieu thereof payment in paragraph (1) of subsection (c) of Code Section 10-5-14, relating to civil liability from sales of securities. Section 11. Reserved. Section 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking The Used Oil Recycling Act of 1980 and inserting in lieu thereof the Used Oil Recycling Act of 1980, by striking The Solid Waste Act Amendments of 1980 and inserting in lieu thereof the Solid Waste Disposal Act Amendments of 1980, by striking The Comprehensive Environmental Response Compensation and Liability Act of 1980 and inserting in lieu thereof the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and by striking The Hazardous and Solid Waste Amendments of 1984 and inserting in lieu thereof the Hazardous and Solid Waste Amendments of 1984 in paragraph (5) of Code Section 12-8-62, relating to definitions of hazardous waste disposal and treatment. (2) By striking Code Section 12-12-2 and inserting in lieu thereof Code Section 12-2-2 in subsection (b) of Code Section 12-12-20, relating to penalty for violation of the Georgia Asbestos Safety Act. (3) By striking Code Section 12-1-1 and inserting in lieu thereof Code Section 12-2-2 in Code Section 12-12-21, relating to procedure for hearings and judicial review under the Georgia Asbestos Safety Act. Section 13. Reserved. Section 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By deleting applied in paragraph (2) of Code Section 14-7-2, relating to definitions of professional corporations. Section 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows:

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(1) By deleting corporation or police from subparagraph (B) of paragraph (4) of Code Section 15-6-8, relating to jurisdiction and powers of superior courts. (2) By deleting , but a municipality's charter shall be deemed to authorize a municipal court if it authorizes a corporate court, police court, recorder's court, or mayor's court of the municipality or a court of any other name which has jurisdiction over violations of municipal ordinances from paragraph (1) of subsection (a) of Code Section 15-10-155, relating to exceptions. (3) By striking court of if and inserting in lieu thereof court or if in subsection (e) of Code Section 15-11-19, relating to procedure on taking child into custody and detention. (4) By striking Division of Vocational Rehabilitation and Division of Mental Health, and inserting in lieu thereof Division of Rehabilitation Services and Division of Mental Health, Mental Retardation, and Substance Abuse, in subparagraph (e)(2)(B) of Code Section 15-11-37, relating to designated felony acts. (5) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in subsection (b) of Code Section 15-11-40, relating to disposition of mentally ill or mentally retarded child. (6) By adding county preceding recorder's in Code Section 15-16-20.1, relating to additional salary. (7) By striking state court; probate court; municipal court, whether known as mayor's, recorder's, or police court; or superior court and inserting in lieu thereof state court, probate court, municipal court, or superior court in paragraph (1) and by striking state court; probate court; municipal court, whether known as mayor's, recorder's or police court; or superior court and inserting in lieu thereof state court, probate court, municipal court, or superior court in paragraph (2) of subsection (a) of Code Section 15-21-73, relating to penalty to be imposed in certain criminal and traffic cases and upon violation of bond. Section 16. Reserved. Section 17. Reserved.

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Section 18. Reserved. Section 19. Reserved. Section 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking school teachers and inserting in lieu thereof schoolteachers in Code Section 20-1-1, relating to certain duties of county and independent school system boards of education. (2) By striking school teachers and inserting in lieu thereof schoolteachers in paragraph (2) of subsection (b) of Code Section 20-2-13, relating to certain instructional materials on the effects of alcohol. (3) By striking 30 and inserting in lieu thereof 25 in Code Section 20-2-31, relating to qualifications for office of State School Superintendent. (4) By striking 20-2-284 and inserting in lieu thereof 20-2-212 in Code Section 20-2-108, relating to certification, classification, and compensation of county school superintendents. (5) By inserting a comma preceding provided in Code Section 20-2-600, relating to the authorization of certain leases. (6) By striking superintendent of schools and inserting in lieu thereof local school superintendent in subsection (b) of Code Section 20-2-759, relating to certain disciplinary actions or proceedings for children in kindergarten through primary grade 3. (7) By striking school teachers and inserting in lieu thereof schoolteachers twice in subsection (a) of Code Section 20-2-793, relating to the creation of the Professional Practices Commission. (8) By striking school teachers and inserting in lieu thereof schoolteachers in Code Section 20-2-832, relating to certain authority to use allocated funds to pay teachers. (9) By striking school teacher and inserting in lieu thereof schoolteacher in paragraph (2) of subsection (a) of Code Section

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20-2-833, relating to additional payments to supervisors of student teachers. (10) By striking school teacher and inserting in lieu thereof schoolteacher throughout paragraph (4) of Code Section 20-2-880, relating to definitions regarding certain health insurance plans for public schoolteachers. (11) By striking school teachers and inserting in lieu thereof schoolteachers in Code Section 20-2-881, relating to the establishment of certain health insurance plans by the State Personnel Board. (12) By striking school teachers and inserting in lieu thereof schoolteachers in Code Section 20-2-885, relating to coverage for certain retirees and their dependents under certain health insurance plans. (13) By striking school teacher and inserting in lieu thereof schoolteacher twice in subsection (a) of Code Section 20-2-887, relating to certain insurance coverage where both a husband and wife are eligible to be insured. (14) By striking school teachers and inserting in lieu thereof schoolteachers in subsection (a) of Code Section 20-2-891, relating to coverage for personnel other than teachers. (15) By striking or other school employee, as referred to above, and inserting in lieu thereof , principal, or other employee having a contract for a definite term and by striking (e) through (f) and inserting in lieu thereof (e) and (f) in subsection (g) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending certain employment contracts. (16) By striking Code Sections 20-2-940 through 20-2-947 and inserting in lieu thereof subsection (b) of Code Section 20-2-211, Code Section 20-2-940, and Code Sections 20-2-942 through 20-2-947 in the form in paragraph (2) and by striking Code Sections 20-2-940 through 20-2-947 and inserting in lieu thereof subsection (b) of Code Section 20-2-211, Code Section 20-2-940, this Code section, and Code Sections 20-2-943 through 20-2-947 in paragraph (2) of subsection (b) of Code Section 20-2-942, relating to procedure for nonrenewal of certain contracts.

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(17) By striking other funds other and inserting in lieu thereof funds other in Code Section 20-2-1074, relating to certain transportation for the elderly, the handicapped, or 4-H activities. (18) By deleting of Insurance following Commissioner in subsection (b) of Code Section 20-2-2002, relating to the establishment of an interlocal risk management agency. (19) By deleting of Insurance following Commissioner in subsection (a) of Code Section 20-2-2005, relating to the certificate of authority of an interlocal risk management agency. (20) By striking subsection (b) of Code Section 20-3-58, relating to condemnation of private or public property for the university system, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) As used in this subsection, the term `public property' has the meaning provided for in Code Section 50-16-180. (2) The board of regents is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. Condemnation proceedings by the board may take the forms provided in Article 3 of Chapter 2 of Title 22. Section 21. Reserved. Section 22. Reserved. Section 23. Reserved. Section 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By deleting applied in paragraph (4) of subsection (a) of Code Section 24-7-9, relating to identification of medical bills. (2) By deleting or police in the first sentence of Code Section 24-10-27, relating to witness fee for police officer.

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Section 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended as follows: (1) By striking and at the end of subparagraph (b)(1)(H), by striking the period and inserting in lieu thereof ; and at the end of subparagraph (b)(1)(I), and by striking commissioner twice and inserting in lieu thereof Commissioner in subparagraph (b)(1)(J) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property. Section 26. Reserved. Section 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking suspended, shall be by certified mail, and inserting in lieu thereof suspended shall be by certified mail in subsection (c) and by striking engaged and inserting in lieu thereof engages in subsection (e) of Code Section 27-2-25.1, relating to suspension of hunting privileges for negligent hunting. (2) By deleting the commas following transportation, lodging, facility, and office in subsection (e) of Code Section 27-3-15, relating to seasons and bag limits. (3) By striking Code Section 47-3-151 and inserting in lieu thereof Code Section 27-3-151, by deleting the comma following conduct, and by striking repealed and inserting in lieu thereof repeated in subsection (a) of Code Section 27-3-152, relating to injunctions and damages for violations. Section 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By adding of preceding the information in subsection (b) of Code Section 28-5-80, relating to introduction of compensation resolutions. Section 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows: (1) By adding Code preceding section in subsection (b) of Code Section 29-5-5.1, relating to tax motivated estate planning disposition of ward's property.

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(2) By striking an applied psychologist and inserting in lieu thereof a psychologist and by deleting applied in paragraph (3) of subsection (a) and in paragraph (1) of subsection (c) of Code Section 29-5-6, relating to procedure for appointment of guardian. (3) By striking an applied psychologist and inserting in lieu thereof a psychologist in paragraphs (1) and (4) of subsection (d) of Code Section 29-5-8, relating to appointment of emergency guardians. (4) By striking an applied psychologist and inserting in lieu thereof a psychologist in subsection (b) of Code Section 29-5-9, relating to modification or termination of guardianships. (5) By deleting applied in subsection (c) of Code Section 29-5-13, relating to compensation and expenses. Section 30. Reserved. Section 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking to implement and inserting in lieu thereof implementation of in subsection (b) of Code Section 31-7-194, relating to powers of the hospital equipment financing authority. (2) Section 6 of SB 532 should be codified as subsection (j) of Code Section 31-7-197, relating to issuance of bonds by authority, to read as follows: (j) Notwithstanding any other provision to the contrary, any bonds issued by this authority shall require the approval of the Georgia State Financing and Investment Commission as provided in Article 2 of Chapter 17 of Title 50, the `Georgia State Financing and Investment Commission Act.' Section 32. Reserved. Section 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows:

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(1) By deleting applied preceding psychology in subsection (a) of Code Section 33-1-14, relating to regulation of certain persons providing coverage for medical or dental services. (2) By striking shall be in the office of the Commissioner of Insurance a department which shall be called and inserting in lieu thereof is created in Code Section 33-2-1, relating to the creation of the Insurance Department. (3) By striking the first of March and inserting in lieu thereof March 1 in subsection (d) of Code Section 33-3-21.1, relating to submission of certain reports by property and casualty insurers. (4) By striking hazard or cause and inserting in lieu thereof hazards or causes in subsection (a) of Code Section 33-7-6, relating to coverage of property insurance. (5) By striking both of whom is named and inserting in lieu thereof both of whom are named in subsection (d), by striking attorneys' and inserting in lieu thereof attorney's in subsection (f), and by striking paragraph (2) of subsection (b) and inserting in lieu thereof division (b)(1)(D)(iv) in subsection (h) of Code Section 33-7-11, relating to certain requirements of motor vehicle liability insurance policies. (6) By striking subsection (b) of Code Section 33-7-12, relating to the effect of certain policy provisions permitting insurers to settle or compromise certain claims, and inserting in its place a new subsection (b) to read as follows: (b) If such third persons execute a release, covenant not to sue, or other instrument in settlement of their claims after such notice of the lack of consent of the insured, the same shall be deemed and construed as a bar to the further assertion by such third persons of such claims against all persons whomsoever; and such third persons shall not plead such release, covenant not to sue, or settlement in bar of any action or claim asserted by such insured. (7) By striking life, accident, and sickness and inserting in lieu thereof life, and accident and sickness in paragraph (3) and by striking life, accident, and sickness and inserting

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in lieu thereof life, and accident and sickness in paragraph (6) of Code Section 33-8-1, relating to certain fees, licenses, and charges collected by the Commissioner of Insurance. (8) By striking hearings and inserting in lieu thereof the hearing in paragraph (3) of Code Section 33-9-29, relating to validity of certain contracts using rates other than generally applicable rates. (9) By striking any accident and inserting in lieu thereof for any accident in the introductory language preceding paragraph (1) and by deleting and following the semicolon at the end of paragraph (1) of Code Section 33-9-39, relating to certain restrictions on certain motor vehicle insurance surcharges. (10) By striking multi-vehicle and inserting in lieu thereof multivehicle in Code Section 33-9-40, relating to prohibition of certain motor vehicle insurance surcharges. (11) By inserting of subsection (a) between (4) and of in subsection (b), and by inserting of subsection (a) between (3) and of and by striking , provided that retention of the real property is in compliance with any other provisions of this chapter applicable to the home office and branch office property (real property leasing) and inserting in lieu thereof and subject to provisions otherwise applicable to such real property for leasing in subsection (c) of Code Section 33-11-39, relating to disposal of certain real estate by insurers. (12) By striking which and inserting in lieu thereof who in paragraph (6) of Code Section 33-21-1, relating to definitions regarding health maintenance organizations. (13) By striking state, nor and inserting in lieu thereof state; and by striking purchase, nor and inserting in lieu thereof purchase; or in subsection (a) of Code Section 33-21-2, relating to establishment of health maintenance organizations generally. (14) By striking `applied psychologist' and inserting in lieu thereof `psychologist' , by striking an applied psychologist and inserting in lieu thereof a psychologist, and by striking applied psychologists and inserting in lieu thereof psychologists

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in subsection (a) and by striking an applied psychologist and inserting in lieu thereof a psychologist and by striking applied psychologist and inserting in lieu thereofpsychologist in subsection (b) of Code Section 33-24-27, relating to provision for reimbursement for services of psychologists or chiropractors. (15) By striking Insurance Commissioner and inserting in lieu thereof Commissioner in Code Section 33-36-2, relating to the creation of the Georgia Insurers Insolvency Pool. Section 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking the word hereunder and inserting in lieu thereof under this chapter at the end of subsection (a) of Code Section 34-8-74, relating to the appointment, compensation, powers, and duties of personnel administering the Employment Security Law. Section 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking lost, to and inserting in lieu thereof lost to and by inserting Georgia preceding State Patrol in subsection (a) of Code Section 35-1-4, relating to requirements for reporting stolen motor vehicles and license plates. (2) By inserting Georgia preceding State Patrol in paragraph (1) of subsection (e) of Code Section 35-2-42, relating to compensation of members of the Uniform Division. (3) By striking provided further that and inserting in lieu thereof provided, further, that in subsection (b) of Code Section 35-2-45, relating to promotions and demotions of personnel in the Uniform Division. (4) By striking days and inserting in lieu thereof days' both times it appears in subsection (c) of Code Section 35-2-48, relating to the composition of the State Patrol Disciplinary Board.

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(5) By striking them, provided further that and inserting in lieu thereof them; provided, further, that in subsection (a) of Code Section 35-2-54, relating to purchase of group insurance. (6) By striking guard is performing his duty and inserting in lieu thereof guards are performing their duties in subsection (a) of Code Section 35-2-71, relating to powers and duties of security guards generally. (7) By deleting state-related and inserting in lieu thereof state related and by deleting state-owned both times it appears and inserting in lieu thereof state owned in subsection (b) of Code Section 35-2-73, relating to commissioner employing sufficient number of security guards for protection of Governor, Lieutenant Governor, Speaker of the House and their families, executive department, etc. (8) By striking board of public safety and inserting in lieu thereof Board of Public Safety in Code Section 35-3-7, relating to authorization of entry into agreements by director or commissioner for provision of services, material, etc. (9) By adding such between future and census in Code Section 35-3-8.1, relating to power of bureau to cooperate with other law enforcement agencies. (10) By striking Officers and inserting in lieu thereof Officers in subsection (h) of Code Section 35-3-9, relating to narcotics agents. (11) By striking ex-officio and inserting in lieu thereof ex officio in subsection (c) of Code Section 35-3-32, relating to the establishment of the Georgia Crime Information Center Council. (12) By striking that person's and inserting in lieu thereof those persons and by striking affiliation and inserting in lieu thereof affiliations in Code Section 35-3-62, relating to the definition of the term terroristic act. (13) By striking members of General and inserting in lieu thereof members of the General in Code Section 35-6A-5, relating to compensation and reimbursement of expenses of members of the council.

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(14) By adding and at the end of paragraph (23) of Code Section 35-8-7, relating to the powers and duties of the Georgia Peace Officer Standards and Training Council. (15) By striking without and inserting in lieu thereof outside in paragraph (9) of subsection (a) of Code Section 35-8-7.1, relating to the authority of the council to refuse to grant a certificate to an applicant or to discipline a certified peace officer or exempt a peace officer. (16) By striking job-related and inserting in lieu thereof job related in paragraph (9) of subsection (a) of Code Section 35-8-8, relating to the requirements for appointment or certification of persons as peace officers generally. Section 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By deleting the comma following to and the comma following over in subsection (f) of Code Section 36-1-22, relating to business and occupational license taxes and fees. (2) By striking Yes and inserting in lieu thereof YES and by striking No and inserting in lieu thereof NO in the ballot question in Code Section 36-4-3, relating to marking of the ballots. (3) By adding a comma following office in Code Section 36-6-3, relating to the form of oath. (4) By striking full it and inserting in lieu thereof full, it in paragraph (5) of Code Section 36-7-8, relating to the duties of the county surveyor generally. (5) By striking state, if and inserting in lieu thereof state if in subsection (a) of Code Section 36-9-3, relating to procedure for sale or disposition of county real property generally. (6) By striking regulations of such counties, and inserting in lieu thereof regulations of such county, in Code Section 36-13-5.1, relating to issuance of citations for violation of code, ordinance, etc., in certain counties.

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(7) By striking part of bridge and inserting in lieu thereof part of the bridge in Code Section 36-14-2, relating to authority to cooperate in building and maintaining bridges over rivers bordering adjacent states. (8) By striking recorders' or police courts and inserting in lieu thereof county recorders' courts or municipal courts in subsection (a) and by striking recorders' and police and inserting in lieu thereof county recorders' courts and municipal and by striking corporate, police, recorder's, or mayor's and inserting in lieu thereof municipal in subsection (e) of Code Section 36-15-9, relating to collection of additional costs in court cases authorized. (9) By striking Title 36 and inserting in lieu thereof this title in subsection (c) of Code Section 36-30-3, relating to ordinances of a council not to bind succeeding councils. (10) By adding at the end of subsection (a) of Code Section 36-32-1, relating to authorization to establish municipal court, the following: Except in this Code section and in the laws relating to the City Court of Atlanta, the terms `corporate court,' `corporate courts,' `police court,' `police courts,' `recorder's court,' `recorders' courts,' `mayor's court,' and `mayors' courts,' when such terms refer to a court of a municipal corporation, are stricken wherever they appear in any general or local law of this state and the term `municipal court' or `municipal courts,' whichever is appropriate, is inserted in lieu thereof. The change in the name of any such court as provided for by Article VI, Section X, Paragraph I of the Constitution of the State of Georgia and by this Code section shall not affect the validity of any action or prosecution in such court. (11) By striking corporate, police, recorder's, or mayor's and inserting in lieu thereof municipal in subsections (a) and (b) of Code Section 36-32-2, relating to appointment of judges. (12) By deleting police court recorders and and by striking recorders' and inserting in lieu thereof municipal in Code Section 36-32-3, relating to powers of judges.

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(13) By striking recorders', mayors', and police and inserting in lieu thereof municipal in Code Section 36-32-5, relating to sentences and fines which may be imposed. (14) By striking recorder's, mayor's, or police courts and inserting in lieu thereof municipal court, by striking are granted and inserting in lieu thereof is granted, by striking such courts and inserting in lieu thereof any such court in subsection (a) and by striking recorder's, mayor's or police and inserting in lieu thereof municipal in subsection (c) of Code Section 36-32-6, relating to jurisdiction of municipal courts in marijuana possession cases. (15) By striking recorder's, mayor,'s, or police and inserting in lieu thereof municipal in subsections (a) and (c) of Code Section 36-32-7, relating to jurisdiction in cases of operating motor vehicle without effective insurance. (16) By striking recorder's, mayor's, or police and inserting in lieu thereof municipal in subsections (a) and (c) of Code Section 36-32-8, relating to jurisdiction in cases of operating motor vehicle without certificate of emission inspection. (17) By striking police and inserting in lieu thereof municipal in paragraph (3) of Code Section 36-61-11, relating to ordinances relating to repair, closing, and demolition of dwellings unfit for human habitation. (18) By striking herein and inserting in lieu thereof in this Code section in subsection (a) of Code Section 36-33-1, relating to immunity of municipality from liability for damages. (19) By striking air-conditioning and inserting in lieu thereof air conditioning in subparagraph (A) of paragraph (3) of Code Section 36-34-2, relating to powers relating to administration of government generally. (20) By striking the period and inserting in lieu thereof ; or at the end of paragraph (1) of subsection (b) of Code Section 36-35-3, relating to the authority to adopt ordinances, rules, and regulations. (21) By striking without and inserting in lieu thereof outside in subsection (b) of Code Section 36-37-6.2, relating to

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purchase or other acquisition of real property on time or partly for cash. (22) By striking provided, that and inserting in lieu thereof provided that in Code Section 36-39-6, relating to requirements by municipal corporations of paving by railroad having tracks in street. (23) By adding which they can afford following sanitary housing and by deleting which they can afford following large municipalities in subparagraph (D) of paragraph (3) of Code Section 36-41-2, relating to legislative findings and declaration of public necessity. (24) By striking General Assembly, but and inserting in lieu thereof General Assembly but in Code Section 36-41-4, relating to creation of authority. (25) By striking market pricing and inserting in lieu thereof market-pricing in subsection (c) and by striking without and inserting in lieu thereof outside in subsection (d) of Code Section 36-41-8, relating to the authorization to issue revenue bonds. (26) By striking was exercising and inserting in lieu thereof were exercising in subsection (a) of Code Section 36-61-17, relating to exercise of urban redevelopment powers by municipalities and counties. (27) By striking subparagraph (6)(J) or (6)(K) and inserting in lieu thereof subparagraph (J) or (K) of paragraph (6) in Code Section 36-62-3, relating to constitutional authority for chapter. (28) By striking opportunities, for and inserting in lieu thereof opportunities for, by striking welfare, and and inserting in lieu thereof welfare and in the introductory language, and by striking Georgia Nonprofit Corporation Code and inserting in lieu thereof `Georgia Nonprofit Corporation Code' in subparagraph (A) of paragraph (2) of Code Section 36-62-9, relating to the purposes of this chapter. (29) By striking into stream and inserting in lieu thereof into steam in subparagraph (A) of paragraph (7) of Code Section

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36-63-4, relating to the definition of the Resource Recovery Development Authorities Law. (30) By striking shall include but shall not be limited to and inserting in lieu thereof shall include, but shall not be limited to, in paragraph (4) of subsection (a) and by striking such agreement the and inserting in lieu thereof such agreement, the in paragraph (6) of subsection (a) of Code Section 36-63-8, relating to powers of authority generally. (31) By striking 36-85-2 and inserting in lieu thereof 36-67A-2 and by striking 36-85-3 and inserting in lieu thereof 36-67A-3 in Code Section 36-67A-4, relating to penalties. (32) By striking For the and inserting in lieu thereof The in paragraphs (1) through (8) of subsection (a) and by striking For any and inserting in lieu thereof Any in paragraph (9) of subsection (a) of Code Section 36-68-2, relating to optional features of enabling local law. (33) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (2) of subsection (a), by adding and at the end of paragraph (3) of subsection (a), and by deleting ; and and inserting in lieu thereof a period at the end of paragraph (4) of subsection (a) of Code Section 36-68-3, relating to mandatory features of enabling local law. (34) By striking meetings such and inserting in lieu thereof meetings, such in subsection (a) of Code Section 36-80-1, relating to all meetings of governing bodies to be public. (35) By striking between and inserting in lieu thereof among in subsection (c) of Code Section 36-80-15, relating to allocation and expenditure of proceeds from timber sales from military installations and facilities. (36) By striking chapter both times it appears and inserting in lieu thereof article in Code Section 36-81-1, relating to legislative intent relative to local government budgets and audits. (37) By striking chapter and inserting in lieu thereof article in the introductory language of Code Section 36-81-2, relating to definitions of local government budgets and audits.

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(38) By striking chapter and inserting in lieu thereof article in subsection (b) and by striking chapter and inserting in lieu thereof article in subsection (c) of Code Section 36-81-3, relating to establishment of fiscal year. (39) By striking chapter and inserting in lieu thereof article in subsection (a) and by striking review, prior and inserting in lieu thereof review prior in subsection (c) of Code Section 36-81-5, relating to preparation of proposed budget. (40) By striking budget but and inserting in lieu thereof budget, but in subsection (b) of Code Section 36-81-6, relating to adoption of budget ordinance or resolution. (41) By striking chapter and inserting in lieu thereof article in subsection (c) of Code Section 36-81-8, relating to preparation and filing of annual report on local government finances by Department of Community Affairs. (42) By striking chapter both times it appears and inserting in lieu thereof article in Code Section 36-81-9, relating to effect of chapter on other laws generally. (43) By striking chapter both times it appears and inserting in lieu thereof article in Code Section 36-81-10, relating to effect of chapter on right of local governments to make expenditures and raise revenues. (44) By striking providing the and inserting in lieu thereof provided the in paragraph (1) of subsection (e) of Code Section 36-82-1, relating to procedure for authorization of bonded debt. (45) By striking provided further any and inserting in lieu thereof provided, further, any in division (4)(C)(iv) of Code Section 36-82-61, relating to definitions of terms used in the Revenue Bond Law. (46) By striking (notwithstanding and inserting in lieu thereof , notwithstanding in subsection (a) of Code Section 36-82-65, relating to covenants in resolution authorizing issuance of bonds. (47) By striking shall notify and inserting in lieu thereof shall, in writing, notify and by striking located, in writing,

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of and inserting in lieu thereof located of in Code Section 36-82-74, relating to notice to district attorney or Attorney General of resolution authorizing revenue bonds. (48) By striking state, who and inserting in lieu thereof state who in subsection (a) of Code Section 36-82-77, relating to hearing and judgment in bond validation proceedings. (49) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance in Code Section 36-82-103, relating to furnishing new bonds when sureties insolvent or insufficient. (50) By striking (3)(A)(ii) or (3)(A)(iii) and inserting in lieu thereof (ii) or (iii) of subparagraph (A) of this paragraph in subparagraphs (B) and (C) of paragraph (3) of Code Section 36-82-140, relating to use of facsimile signatures and seals. (51) By striking option be and inserting in lieu thereof option, be in the undesignated language following paragraph (4) in subsection (a) of Code Section 36-82-160, relating to requirements for filing of statements relative to bonds, notes, and obligations by certain authorities. Section 37 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in subsection (a) of Code Section 37-1-20, relating to the creation of the Division of Mental Health and Mental Retardation. (2) By deleting applied in subsection (d) of Code Section 37-3-41, relating to emergency admission based on physician's certification or court order. (3) By deleting applied in subsection (b) of Code Section 37-3-42, relating to emergency admission of persons arrested for penal offenses. (4) By striking this subsection was and inserting in lieu thereof this subsection is in subparagraph (a)(3)(A) of Code Section 37-3-81.1, relating to disposition of patient upon hearing.

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(5) By striking subsection (d) of Code Section 37-3-81 and inserting in lieu thereof Code Section 37-3-81.1 in subsection (d) of Code Section 37-3-166, relating to the maintenance of clinical records and certain notice requirements. (6) By deleting applied in subsection (a) of Code Section 37-4-40.1, relating to certification that a person requires temporary care and placing that person in the custody of a state facility. (7) By deleting applied in subsection (b) of Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care. (8) By striking Code Section 37-4-40.2 and inserting in lieu thereof Code Section 37-4-40.3 in subsection (a) and in paragraph (3) of subsection (b) of Code Section 37-4-40.4, relating to the evaluation of a mentally retarded person in custody of a state facility for temporary care. (9) By striking Code Section 37-4-40.2 and inserting in lieu thereof Code Section 37-4-40.3 in subsection (a) and by striking subsections (f) and (g) of Code Section 37-4-42 and inserting in lieu thereof subsections (e) and (f) of Code Section 37-4-40 in subsection (c) of Code Section 37-4-40.5, relating to a hearing to determine disposition of mentally retarded persons in custody of a state facility for temporary care. (10) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse, in Code Section 37-4-109, relating to procedures concerning complaints from patients and staff of mental health facilities. (11) By deleting applied in subsection (d) of Code Section 37-7-41, relating to emergency admission based on physician's certification or court order. (12) By deleting applied in subsection (b) of Code Section 37-7-42, relating to emergency admission of persons arrested for penal offenses. (13) By striking Code Section 37-7-81 and inserting in lieu thereof Code Section 37-7-81.1 in subsection (a) of Code Section

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37-7-64, relating to length of period of detention in an evaluating facility. (14) By striking was required and inserting in lieu thereof is required in subparagraph (a)(3)(A) and by striking Code Section 37-7-93 and 37-7-94 and inserting in lieu thereof Code Sections 37-7-93 and 37-7-94 in subsection (d) of Code Section 37-7-81.1, relating to disposition of patient upon hearing. (15) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in paragraph (4) of Code Section 37-8-2, relating to definitions relative to treatment of alcoholics and intoxicated persons. (16) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in subsection (b) and by striking State Advisory Council for Mental Health and Mental Retardation and inserting in lieu thereof Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse in subsection (d) of Code Section 37-8-6, relating to the Georgia Alcoholism Advisory Council. (17) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in Code Section 37-8-8, relating to standards for approval of treatment facilities. (18) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in Code Section 37-8-10, relating to compliance with Chapter 13 of Title 50, the Georgia Administrative Procedure Act. (19) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in subsection (a) of Code Section 37-8-34, relating to involuntary commitment of alcoholics. (20) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental

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Health, Mental Retardation, and Substance Abuse in paragraph (6) of Code Section 37-9-2, relating to definitions relative to payment of expenses for support, treatment, and care of patients in state institutions. Section 38 . Reserved. Section 39 . Reserved. Section 40 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By striking recorder's, mayor's, or police and inserting in lieu thereof municipal in subsection (a) of Code Section 40-5-124, relating to jurisdiction of offenses. (2) By striking recorder's, mayor's, or police and inserting in lieu thereof municipal in Code Section 40-6-270, relating to duty of driver to stop at or return to scene of accident. (3) By striking recorder's, mayor's, or police and inserting in lieu thereof municipal in paragraph (1) of subsection (d) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs. (4) By striking recorder's, mayor's, or police and inserting in lieu thereof municipal in paragraph (4) of subsection (b) of Code Section 40-6-395, relating to fleeing or attempting to elude police officer. (5) By adding at the end of Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles, a new subsection (d) to read as follows: (d) When a law enforcement vehicle is disposed of, or is not in use for law enforcement, the lettering and colored lights must be removed. Any person using such vehicle for personal use prior to removing colored lights and lettering shall be guilty of a misdemeanor.

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(6) By striking police courts and inserting in lieu thereof municipal courts, by deleting mayors' courts, recorders' courts, or like, and by striking , by whatever names called and inserting in lieu thereof of the incorporated municipalities of this state and the City Court of Atlanta in Code Section 40-13-20, relating to municipal courts defined. (7) By striking courts, municipal courts, and the police courts and inserting in lieu thereof courts and municipal courts in subsection (a) and by striking police courts and inserting in lieu thereof municipal courts in subsection (b) of Code Section 40-13-21, relating to general powers and jurisdiction of probate and municipal courts. (8) By striking recorder's, mayor's, or police and inserting in lieu thereof municipal in subsection (a) of Code Section 40-13-22, relating to jurisdiction over offenses under Code Section 40-2-8. (9) By striking Police and municipal and inserting in lieu thereof Municipal in Code Section 40-13-24, relating to indictment or accusation not required. (10) By deleting or police court both times that it appears in Code Section 40-13-26, relating to how sentences served. (11) By deleting or police court in Code Section 40-13-29, relating to jurisdiction exclusive. Section 41 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) By deleting police or preceding municipal court and by deleting , whether known as a mayor's or recorder's court or otherwise designated, from Code Section 41-2-5, relating to authorization and procedure for abatement of nuisances in cities. Section 42 . Reserved. Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows:

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(1) By striking authorized and inserting in lieu thereof authorization in paragraph (6) of Code Section 43-1A-3, relating to definitions regarding occupational regulation review. (2) By striking that subsection (b) and inserting in lieu thereof subsection (b) of Code Section 43-1A-5 in paragraph (10) of subsection (b) of Code Section 43-1A-4, relating to creation of the Georgia Occupational Review Council. (3) By deleting applied in paragraph (2) of Code Section 43-7A-3, relating to definitions of professional counselors, social workers, and marriage and family therapists. (4) By deleting applied in paragraph (2) of subsection (b) of Code Section 43-7A-7, relating to requirement of licensing. (5) By deleting applied in Code Section 43-7A-22, relating to restrictions on scope of chapter. (6) By striking Sections and inserting in lieu thereof Section and by striking thereunder and inserting in lieu thereof under Code Section 43-33-11, 43-33-13, or 43-33-15; or in paragraph (1) of subsection (a) of Code Section 43-33-17, relating to the issuance of certain temporary licenses. (7) By striking treatment, and inserting in lieu thereof treatment; in subsection (c) of Code Section 43-38-6, relating to private detective or private security business licenses generally. (8) By striking held; it and inserting in lieu thereof held. It in paragraph (1) and by striking of Article and inserting in lieu thereof to Article in paragraph (5) of subsection (a) of Code Section 43-38-11, relating to grounds for denial, revocation, or sanction of certain licenses. (9) By striking doctorate and inserting in lieu thereof doctoral in paragraph (2) of subsection (b) of Code Section 43-39-8, relating to application for a license to practice psychology. (10) By inserting a between of and felony in subsection (a), by striking nor and inserting in lieu thereof or and striking said chapter and inserting in lieu thereof Chapter 13 of

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Title 50 in subsection (b) and by inserting a comma between license and may in subsection (c) of Code Section 43-39-13, relating to denial, revocation, and suspension of certain licenses. (11) By striking paragraph and inserting in lieu thereof subsection in subsection (f), by striking `inactive status' and inserting in lieu thereof inactive status in subsection (g), and by inserting as between application and set in subsection (k) of Code Section 43-40-12, relating to certain real estate license fees generally. (12) By deleting the comma following Refusing in paragraph (1) of subsection (a) of Code Section 43-40-25, relating to violations by certain licensees, schools, and instructors. Section 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By adding Part 3 of Chapter 4 of Title 12, preceding the `Georgia Surface Mining Act of 1968 and by adding Part 3 of Chapter 5 of Title 12, preceding the `Water Well Standards Act of 1985.' in subsection (a) of Code Section 44-1-14, relating to abatement of hazards from abandoned wells or holes. (2) By striking sewerage and inserting in lieu thereof sewage and by striking club houses and inserting in lieu thereof clubhouses throughout paragraphs (2), (3), and (4) of Code Section 44-3-3, relating to certain registration statements regarding subdivided land. (3) By striking for and inserting in lieu thereof or in subsection (b) of Code Section 44-3-135, relating to certain filing fees and updating of filed documents. (4) By striking within or outside of and inserting in lieu thereof inside or outside in paragraph (1) of subsection (a) of Code Section 44-3-140, relating to certain investigations by the Secretary of State. (5) By inserting or following gift, in paragraph (4) of subsection (a) of Code Section 44-3-188, relating to unfair acts or practices regarding certain promotional offers.

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(6) By inserting due between taxes and on in subsection (a) of Code Section 44-5-168, relating to certain presumptions of adverse possession. (7) By striking Code Section 44-12-22, relating to assignment of certain choses in action, and inserting in lieu thereof a new Code Section 44-12-22 to read as follows: 44-12-22. Except as may be otherwise provided in Title 11, all choses in action arising upon contract may be assigned so as to vest the title in the assignee, but he takes it, except negotiable instruments subject to the equities existing between the assignor and debtor at the time of the assignment, and until notice of the assignment is given to the person liable. (8) By striking (a) and inserting in lieu thereof (b) in subsection (c) of Code Section 44-14-3, relating to furnishing of certain satisfaction or cancellation by certain grantees. (9) By striking subpart and inserting in lieu thereof subsection in paragraph (1) of subsection (b) of Code Section 44-14-230, relating to writs of possession and foreclosure of certain personalty. Section 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking proper executive officer under the great seal of the state and inserting in lieu thereof State Board of Pardons and Paroles in paragraph (3) of Code Section 45-2-1, relating to persons ineligible to hold civil office. (2) By deleting the comma between limitation and undertaking and by striking shall incur not obligation beyond funds available then and inserting in lieu thereof shall incur no obligation beyond the funds then available in subsection (c) of Code Section 45-9-4, relating to establishment of the Hazardous Materials Liability Reserve Fund. (3) By striking Code section and Code Section 45-9-20 or 45-9-21 and inserting in lieu thereof article in Code Section

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45-9-23, relating to certain waivers of immunity from certain actions. (4) By striking in the discretion of and inserting in lieu thereof it shall be made to appear to in Code Section 45-12-24, relating to certain proceeding upon cessation of incapacity. (5) By striking State of the Republic and inserting in lieu thereof Governmental Affairs in subsection (a) of Code Section 45-20-3.1, relating to rule-making procedures of the State Personnel Board. Section 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) By striking 46-7-18 through 46-7-23 and inserting in lieu thereof 46-7-18 through 46-7-21 and 46-7-23 in Code Section 46-7-36, relating to applicability of certain laws to carriers engaged in both interstate and intrastate commerce. Section 47. Reserved. Section 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By deleting applied in subsection (a) of Code Section 48-13-5, relating to levy of license, occupation, or professional tax by counties and municipalities only at place of principal office. Section 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking the Division of Vocational Rehabilitation and the Division of Mental Health, and inserting in lieu thereof the Division of Rehabilitation Services and the Division of Mental Health, Mental Retardation, and Substance Abuse, in subparagraph (a)(5)(E) of Code Section 49-5-7, relating to development and administration of public child welfare and youth services. Section 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows:

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(1) By striking government and inserting in lieu thereof governments in subsection (b) of Code Section 50-8-99.1, relating to commission authorized to be contracting agent for certain local governments. (2) By striking Newly created superior court or judgeships and inserting in lieu thereof Newly created superior court circuits or judgeships in paragraph (4) of Code Section 50-18-31, relating to procedure for distribution of reports. Section 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By striking legislature and inserting in lieu thereof General Assembly in subsection (c) of Code Section 51-2-3, relating to liability for malicious acts of minor children. Section 52. Title 52 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended as follows: (1) By adding and at the end of paragraph (4) of subsection (c), by striking Code Sectiopn 52-7-12 and inserting in lieu thereof this Code section in paragraph (4) of subsection (d), and by striking their report and inserting in lieu thereof his report in subsection (h) of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under influence of alcohol, narcotic drugs, etc. Section 53. Reserved. Section 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication, as amended by the text and numbering of Code sections as contained in the 1986 supplement to the Official Code of Georgia Annotated published under authority of the state in 1986 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission

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notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 1987 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. Section 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 56. All laws and parts of laws in conflict with this Act are repealed. Approved February 4, 1987.

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ELECTIONS CODE REVISION. Code Title 21 Amended. No. 4 (House Bill No. 26). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking their and inserting in its place its in subsection (c) and by inserting a comma between one and at in subsection (d) of Code Section 21-2-170, relating to nomination of candidates by petition. (2) By striking area and inserting in its place areas in paragraph (3) of subsection (c) of Code Section 21-2-172, relating to nomination of certain electors and candidates by convention. (3) By striking shall file and inserting in its place shall be filed and by striking petitions signed and inserting in its place and shall be signed in Code Section 21-2-181, relating to filing of petitions generally.

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(4) By striking plot and inserting in its place plat in subsections (a) and (b) of Code Section 21-2-262, relating to certain petitions for division or alteration of precinct boundaries. (5) By striking occupied by the and inserting in its place occupied by the names of the in subsection (g) of Code Section 21-2-325, relating to examination and approval of voting machines. (6) By striking be to be prepare and inserting in its place be to prepare in subsection (b) of Code Section 21-2-327, relating to preparation of voting machines. (7) By striking on printed and inserting in its place or printed in Code Section 21-2-329, relating to delivery of voting machine keys. (8) By inserting a comma preceding the superintendent in subsection (b) of Code Section 21-2-384, relating to preparation and delivery of ballots. (9) By deleting the comma following vote in Code Section 21-2-404, relating to affording employees time off to vote. (10) By deleting immediately following returned in subsection (c) of Code Section 21-2-440, relating to certain duties of poll officers. (11) By striking with mechanism and inserting in its place with a mechanism in subsection (d) of Code Section 21-2-450, relating to procedure for opening of polls. (12) By striking therefore and inserting in its place therefor in subsection (b) of Code Section 21-2-455, relating to canvass and return of votes. (13) By deleting up following sealed and by striking with mechanism and inserting in its place with a mechanism in subsection (a) of Code Section 21-2-456, relating to the form of general return sheets. (14) By striking with mechanism and inserting in its place with a mechanism in subsection (h) of Code Section 21-2-493, relating to computation and tabulation of returns.

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(15) By striking affected by the canvass; and inserting in its place affected by the recanvass; and striking with mechanism and inserting in its place with a mechanism in subsection (b) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes. (16) By deleting up following sealed in subparagraph (A) of paragraph (4) of Code Section 21-2-497, relating to preparation of certain consolidated returns. (17) By striking officer and inserting in its place office twice in subsection (d) of Code Section 21-2-527, relating to judgments on election contest petitions. (18) By striking addtional and inserting in its place additional in subsection (b) of Code Section 21-3-123, relating to certain registration duties of certain registrars. (19) By deleting and following the semicolon at the end of paragraph (1) and by striking the period at the end of paragraph (2) and inserting in its place ; and in Code Section 21-3-186, relating to the form of the official nonpartisan primary ballot. (20) By inserting a comma between States and or in subsection (b) of Code Section 21-3-283, relating to applications for absentee ballots. (21) By striking the period following office in the introductory language of subsection (a) and inserting in its place a colon and by striking hereinafter exist. and inserting in its place hereafter exist; or in paragraph (1) of subsection (a) of Code Section 21-4-4, relating to public officers subject to recall. (22) By deleting the comma following subsection in subsection (b) of Code Section 21-4-5, relating to applications for recall petitions. (23) By striking must read, or be read and inserting in its place has read, or was read in the form in subsection (e) of Code Section 21-4-7, relating to petitions for recall. (24) By striking `Campaign and Financial Disclosure Act' and inserting in its place `Ethics in Government Act ' in Code

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Section 21-4-15, relating to campaign and financial disclosure requirements and restrictions regarding recall sponsors. (25) By deleting the comma following petition in subsection (c) of Code Section 21-4-18, relating to certain criminal penalties regarding recalls. (26) By striking Commission and inserting in its place Commissioner in Code Section 21-5-2, relating to state policy regarding certain disclosure of campaign finances. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved February 4, 1987. TALLAPOOSA JUDICIAL CIRCUIT TERMS. Code Section 15-6-3 Amended. No. 9 (House Bill No. 3). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit; 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 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior

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courts of this state, is amended by striking in its entirety paragraph (38) and inserting in its place a new paragraph (38) to read as follows: (38) Tallapoosa Circuit: (A) Haralson County Third Monday in March and November. (B) Paulding County Third Monday in February and October. (C) Polk County Third Monday in January and September. Section 2. This Act shall become effective March 15, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved February 12, 1987. APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1986-87. No. 46 (House Bill No. 225). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1986-1987 known as the General Appropriations Act, approved April 11, 1986 (Ga. L. 1986, p. 1337), so as to change certain appropriations for the State Fiscal Year 1986-1987; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1986-1987, known as the General Appropriations Act, approved April 11, 1986 (Ga. L. 1986, p. 1337), is amended by striking everything following the enacting clause through Section 95, and by substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1986, and ending June 30, 1987, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $5,316,000,000 for State Fiscal Year 1987. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 18,379,076 Personal Services - Staff $ 8,267,607 Personal Services - Elected Officials $ 3,094,775 Regular Operating Expenses $ 1,348,372 Travel - Staff $ 98,800 Travel - Elected Officials $ 5,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 412,100 Equipment Purchases $ 363,000 Computer Charges $ 406,500 Real Estate Rentals $ 64,974 Telecommunications $ 595,200 Per Diem, Fees and Contracts - Staff $ 342,581 Per Diem, Fees and Contracts - Elected Officials $ 2,018,067 Postage $ 141,300 Photography $ 71,000 Expense Reimbursement Account $ 1,132,800 Capital Outlay $ 17,000 Total Funds Budgeted $ 18,379,076 State Funds Budgeted $ 18,379,076

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Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,404,555 $ 3,404,555 Lt. Governor's Office $ 482,229 $ 482,229 Secretary of the Senate's Office $ 1,030,210 $ 1,030,210 Total $ 4,916,994 $ 4,916,994 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 7,223,670 $ 7,223,670 Speaker of the House's Office $ 319,352 $ 319,352 Clerk of the House's Office $ 1,022,233 $ 1,022,233 Total $ 8,565,255 $ 8,565,255 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 1,913,707 $ 1,913,707 Legislative Fiscal Office $ 1,203,350 $ 1,353,350 Legislative Budget Office $ 763,990 $ 763,990 Ancillary Activities $ 1,015,780 $ 865,780 Total $ 4,896,827 $ 4,896,827

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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 membership 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; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state - owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Legislative Fiscal Office and the Office of Legislative Budget Analyst; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any 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 expenditure 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

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also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 10,373,257 Operations Budget: Personal Services $ 8,683,785 Regular Operating Expenses $ 296,850 Travel $ 583,831 Motor Vehicle Purchases $ 78,464 Publications and Printing $ 25,500 Equipment Purchases $ 66,900 Per Diem, Fees and Contracts $ 27,830 Real Estate Rentals $ 323,747 Computer Charges $ 245,000 Telecommunications $ 41,350 Total Funds Budgeted $ 10,373,257 State Funds Budgeted $ 10,373,257 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 3,196,779 Section 4. Court of Appeals. Budget Unit: Court of Appeals $ 3,903,943 Section 5. Superior Courts. Budget Unit: Superior Courts $ 30,602,026 Operation of the Courts $ 29,092,767 Prosecuting Attorney's Council $ 576,766 Sentence Review Panel $ 118,672 Council of Superior Court Judges $ 68,895 Judicial Administrative Districts $ 737,526 Habeas Corpus Clerk $ 7,400 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts $ 227,544

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Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education $ 318,334 Institute's Operations $ 280,000 Georgia Magistrate Courts Training Council $ 38,334 Section 8. Judicial Council. Budget Unit: Judicial Council $ 658,715 Council Operations $ 566,668 Payments to Judicial Administrative Districts for Case Counting $ 69,000 Board of Court Reporting $ 23,047 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 105,292 Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges $ 20,000 Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges $ 20,000 Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges $ 9,500 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 36,276,000 Administration and Services Budget: Personal Services $ 34,769,342 Regular Operating Expenses $ 7,033,083 Travel $ 225,500 Motor Vehicle Purchases $ 432,999 Publications and Printing $ 161,000 Equipment Purchases $ 1,322,587 Computer Charges $ 8,142,148 Real Estate Rentals $ 3,076,772 Telecommunications $ 625,494 Per Diem, Fees and Contracts $ 397,500 Rents and Maintenance Expense $ 19,489,244 Utilities $ 39,000 Postage $ 252,955 Payments to DOAS Fiscal Administration $ 1,960,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 1,726,370 Direct Payments to Georgia Building Authority for Operations $ 507,000 Telephone Billings $ 29,768,614 Materials for Resale $ 9,913,000 Public Safety Officers Indemnity Fund $ 609,000 Health Planning Review Board Operations $ 50,000 Georgia Golf Hall of Fame Operations $ 30,000 Hazardous Materials Liability Reserve Fund $ 500,000 Authorities Liability Reserve Fund $ 3,000,000 Total Funds Budgeted $ 124,031,608 State Funds Budgeted $ 36,276,000

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Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 382,991 $ 382,991 Departmental Administration $ 4,332,046 $ 4,332,046 Treasury and Fiscal Administration $ 12,343,674 $ 10,383,674 Central Supply Administration $ 9,584,680 $ 0 Procurement Administration $ 2,471,275 $ 2,471,275 General Services Administration $ 577,217 $ 0 Space Management Administration $ 478,752 $ 478,752 Data Processing Services $ 47,337,926 $ 12,227,262 Motor Vehicle Services $ 2,489,048 $ 0 Communication Services $ 35,588,052 $ 6,000,000 Printing Services $ 5,349,250 $ 0 Surplus Property Services $ 1,289,717 $ 0 Mail and Courier Services $ 463,016 $ 0 Risk Management Services $ 1,343,964 $ 0 Total $ 124,031,608 $ 36,276,000

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B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 15,877,790 Regular Operating Expenses $ 3,875,007 Travel $ 12,000 Motor Vehicle Purchases $ 36,000 Publications and Printing $ 50,000 Equipment Purchases $ 153,280 Computer Charges $ 41,000 Real Estate Rentals $ 42,200 Telecommunications $ 91,916 Per Diem, Fees and Contracts $ 143,800 Capital Outlay $ 230,000 Utilities $ 7,382,353 Contractual Expenses $ 90,000 Fuel $ 25,000 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 28,050,346 State Funds Budgeted $ 0

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Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,843,816 $ 0 Custodial $ 4,400,261 $ 0 Maintenance $ 4,371,540 $ 0 Security $ 3,564,008 $ 0 Van Pool $ 119,267 $ 0 Sales $ 3,600,160 $ 0 Administration $ 9,746,853 $ 0 Railroad Excursions $ 404,441 $ 0 Facility Renovations $ 0 $ 0 Undistributed $ 0 $ 0 Total $ 28,050,346 $ 0 Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 33,502,528 State Operations Budget: Personal Services $ 25,183,723 Regular Operating Expenses $ 2,343,000 Travel $ 852,000 Motor Vehicle Purchases $ 531,000 Publications and Printing $ 606,000 Equipment Purchases $ 307,000 Computer Charges $ 325,270 Real Estate Rentals $ 635,774 Telecommunications $ 358,000 Per Diem, Fees and Contracts $ 318,000 Market Bulletin Postage $ 547,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,014,935 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,400,500 Veterinary Fees $ 547,000 Indemnities $ 114,000 Bee Indemnities $ 75,000 Advertising Contract $ 105,000 Payments to Georgia Agrirama Development Authority for Operations and Capital Outlay $ 464,500 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 1,270,000 Capital Outlay $ 3,460,000 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Total Funds Budgeted $ 41,567,702 State Funds Budgeted $ 33,502,528

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Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 6,823,828 $ 6,368,198 Animal Industry $ 6,313,298 $ 5,952,728 Marketing $ 2,821,273 $ 2,792,370 General Field Forces $ 3,087,123 $ 3,087,123 Internal Administration $ 3,618,259 $ 3,572,679 Information and Education $ 1,283,210 $ 1,283,210 Fuel and Measures $ 2,341,820 $ 2,336,820 Consumer Protection Field Forces $ 5,435,105 $ 4,302,147 Meat Inspection $ 3,929,286 $ 1,575,453 Major Markets $ 3,815,682 $ 565,009 Seed Technology $ 338,336 $ 0 Entomology and Pesticides $ 1,760,482 $ 1,666,791 Total $ 41,567,702 $ 33,502,528

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B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 444,925 Regular Operating Expenses $ 111,632 Travel $ 7,100 Motor Vehicle Purchases $ 0 Publications and Printing $ 16,160 Equipment Purchases $ 4,600 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 7,000 Per Diem, Fees and Contracts $ 27,178 Capital Outlay $ 375,000 Goods for Resale $ 74,450 Total Funds Budgeted $ 1,068,045 State Funds Budgeted $ 0 Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 4,763,593 Administration and Examination Budget: Personal Services $ 3,868,860 Regular Operating Expenses $ 171,000 Travel $ 313,133 Motor Vehicle Purchases $ 85,800 Publications and Printing $ 13,000 Equipment Purchases $ 7,000 Computer Charges $ 110,300 Real Estate Rentals $ 158,000 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 4,763,593 State Funds Budgeted $ 4,763,593

Page 49

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 15,938,011 State Operations Budget: Personal Services $ 4,299,942 Regular Operating Expenses $ 137,000 Travel $ 185,953 Motor Vehicle Purchases $ 7,000 Publications and Printing $ 78,000 Equipment Purchases $ 17,472 Computer Charges $ 34,000 Real Estate Rentals $ 205,022 Telecommunications $ 67,746 Per Diem, Fees and Contracts $ 95,976 Capital Felony Expenses $ 17,000 Contracts with Area Planning and Development Commissions $ 1,350,500 Local Assistance Grants $ 9,229,000 Appalachian Regional Commission Assessment $ 139,000 Community Development Block Grants (Federal) $ 30,515,000 Juvenile Justice Grants (Federal) $ 1,000,000 Grant - Richmond County $ 150,000 Economic Development Grants $ 985,000 Payment to Georgia Environmental Facilities Authority $ 375,000 Total Funds Budgeted $ 48,888,611 State Funds Budgeted $ 15,938,011

Page 50

Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 11,983,401 $ 11,926,401 Technical Assistance $ 2,300,838 $ 1,075,485 Community and Economic Development $ 33,496,160 $ 1,986,791 Intergovernmental Assistance $ 1,108,212 $ 949,334 Total $ 48,888,611 $ 15,938,011 B. Budget Unit: Authorities $ 0 Operations Budget: Personal Services $ 3,033,159 Regular Operating Expenses $ 305,363 Travel $ 77,589 Motor Vehicle Purchases $ 88,573 Publications and Printing $ 99,166 Equipment Purchases $ 40,959 Computer Charges $ 73,780 Real Estate Rentals $ 236,291 Telecommunications $ 79,589 Per Diem, Fees and Contracts $ 145,995 Rental Assistance Payments $ 14,500,000 Grants to Housing Sponsors $ 500,000 Total Funds Budgeted $ 19,180,464 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Georgia Residential Finance Authority $ 18,805,464 $ 0 Georgia Environmental Facilities Authority $ 375,000 $ 0 Undistributed $ 0 $ 0 Total $ 19,180,464 $ 0

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Section 17. Department of Corrections. A. Budget Unit: Departmental Operations $ 28,024,191 Departmental Operations Budget: Personal Services $ 10,892,193 Regular Operating Expenses $ 625,300 Travel $ 376,800 Motor Vehicle Purchases $ 709,000 Publications and Printing $ 65,000 Equipment Purchases $ 157,400 Computer Charges $ 2,140,000 Real Estate Rentals $ 1,157,210 Telecommunications $ 321,000 Per Diem, Fees and Contracts $ 1,157,200 Utilities $ 50,000 County Subsidy $ 8,299,188 County Subsidy for Jails $ 386,900 Court Costs $ 350,000 Central Repair Fund $ 581,000 Capital Outlay $ 316,000 Grants for Local Jails $ 515,000 State Grants for County Workcamp Construction $ 1,015,000 Total Funds Budgeted $ 29,114,191 Payments from GCIA $ 420,000 Indirect DOAS Funding $ 450,000 State Funds Budgeted $ 28,024,191 Departmental Operations Functional Budgets Total Funds State Funds General Administration and Support $ 12,413,531 $ 11,543,531 Adult Facilities and Programs $ 15,199,550 $ 14,979,550 Training and Staff Development $ 1,501,110 $ 1,501,110 Total $ 29,114,191 $ 28,024,191

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B. Budget Unit: Correctional Institutions, Transitional Centers and Support $ 169,621,515 Institutional Operations Budget: Personal Services $ 121,030,582 Regular Operating Expenses $ 19,090,480 Travel $ 200,301 Motor Vehicle Purchases $ 484,905 Publications and Printing $ 90,650 Equipment Purchases $ 2,918,851 Computer Charges $ 59,156 Real Estate Rentals $ 406,250 Telecommunications $ 1,132,850 Per Diem, Fees and Contracts $ 263,768 Utilities $ 7,448,000 Payments to Central State Hospital for Meals $ 2,514,700 Payments to Central State Hospital for Utilities $ 1,270,000 Payments to Public Safety for Meals $ 287,000 Inmate Release Funds $ 1,042,000 Health Service Purchases $ 11,880,750 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 46,000 University of Georgia - Cooperative Extension Service Contracts $ 239,000 Minor Construction Fund $ 860,976 Authority Lease Rentals $ 440,000 Capital Outlay $ 475,000 Total Funds Budgeted $ 172,181,219 State Funds Budgeted $ 169,621,515 Correctional Institutions, Transitional Centers, and Support Functional Budgets Total Funds State Funds Georgia Training and Development Center $ 1,636,725 $ 1,636,725 Georgia Industrial Institute $ 7,955,175 $ 7,955,175 Georgia Diagnostic and Classification Center $ 9,243,278 $ 9,243,278 Georgia State Prison $ 16,205,670 $ 16,205,670 Consolidated Branches $ 12,823,225 $ 12,730,225 Middle Georgia Correctional Institution $ 21,888,277 $ 21,888,277 Jack T. Rutledge Correctional Institution $ 3,406,023 $ 3,406,023 Central Correctional Institution $ 2,995,213 $ 2,995,213 Metro Correctional Institution $ 3,961,782 $ 3,961,782 Coastal Correctional Institution $ 4,181,565 $ 4,122,565 Central Funds $ 8,786,254 $ 8,786,254 D.O.T. Work Details $ 725,000 $ 0 Food Processing and Distribution $ 13,039,230 $ 12,391,230 Farm Operations $ 5,692,871 $ 5,667,871 Dodge Correctional Institution $ 3,204,429 $ 3,204,429 Transitional Centers $ 3,800,766 $ 3,800,766 Augusta Correctional and Medical Institution $ 5,845,174 $ 5,845,174 Health Care $ 22,111,403 $ 22,111,403 Richard H. Rogers Correctional Institution $ 3,957,223 $ 3,957,223 Burruss Correctional Institution $ 2,911,483 $ 2,911,483 Central Rehabilitation Programs $ 16,800,749 $ 16,800,749 Federal Grants $ 1,009,704 $ 0 Total $ 172,181,219 $ 169,621,515

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C. Budget Unit: Board of Pardons and Paroles $ 15,383,912 Board of Pardons and Paroles Budget: Personal Services $ 12,682,668 Regular Operating Expenses $ 331,970 Travel $ 422,000 Motor Vehicle Purchases $ 64,422 Publications and Printing $ 43,000 Equipment Purchases $ 90,578 Computer Charges $ 122,000 Real Estate Rentals $ 898,719 Telecommunications $ 347,000 Per Diem, Fees and Contracts $ 117,660 County Jail Subsidy $ 293,895 Total Funds Budgeted $ 15,413,912 State Funds Budgeted $ 15,383,912 D. Budget Unit: Georgia Correctional Industries $ 0 Georgia Correctional Industries Budget: Personal Services $ 2,759,632 Regular Operating Expenses $ 1,067,950 Travel $ 66,400 Motor Vehicle Purchases $ 198,000 Publications and Printing $ 8,800 Equipment Purchases $ 310,000 Computer Charges $ 1,985 Real Estate Rentals $ 81,650 Telecommunications $ 75,000 Per Diem, Fees and Contracts $ 270,000 Cost of Sales $ 6,380,000 Repayment of Prior Years' Appropriations $ 420,000 Capital Outlay $ 0 Total Funds Budgeted $ 11,639,417 State Funds Budgeted $ 0 E. Budget Unit: Division of Probations $ 37,041,447 Operations Budget: Personal Services $ 36,088,973 Regular Operating Expenses $ 844,455 Travel $ 616,750 Motor Vehicle Purchases $ 336,000 Publications and Printing $ 95,750 Equipment Purchases $ 347,242 Computer Charges $ 0 Real Estate Rentals $ 1,090,500 Telecommunications $ 468,000 Utilities $ 326,000 Per Diem, Fees and Contracts $ 12,000 Capital Outlay $ 1,060,000 Total Funds Budgeted $ 41,285,670 State Funds Budgeted $ 37,041,447

Page 55

Division of Probation Functional Budgets Total Funds State Funds Probation Administration $ 801,405 $ 801,405 Probation Field Operations $ 33,053,168 $ 29,630,168 Diversion Centers $ 7,431,097 $ 6,609,874 Total $ 41,285,670 $ 37,041,447 Section 18. Department of Defense. Budget Unit: Department of Defense $ 4,375,365 Operations Budget: Personal Services $ 6,348,926 Regular Operating Expenses $ 1,688,219 Travel $ 60,000 Motor Vehicle Purchases $ 10,000 Publications and Printing $ 40,000 Equipment Purchases $ 111,567 Computer Charges $ 18,000 Real Estate Rentals $ 8,000 Telecommunications $ 76,000 Per Diem, Fees and Contracts $ 139,000 Utilities $ 1,585,200 Grants to Locals - Emergency Management Assistance $ 1,498,000 Grants - Others $ 41,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 0 Grants to Armories $ 510,000 Repairs and Renovations $ 534,675 Total Funds Budgeted $ 12,728,587 State Funds Budgeted $ 4,375,365

Page 56

Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,469,766 $ 970,432 Georgia Emergency Management Agency $ 1,808,529 $ 790,054 Georgia Air National Guard $ 2,963,981 $ 405,327 Georgia Army National Guard $ 5,486,311 $ 2,209,552 Total $ 12,728,587 $ 4,375,365 Section 19. State Board of Education - Department of Education. Budget Unit: Department of Education $2,013,363,762 Operations: Personal Services $ 33,021,579 Regular Operating Expenses $ 3,774,443 Travel $ 1,141,352 Motor Vehicle Purchases $ 115,137 Publications and Printing $ 401,894 Equipment Purchases $ 380,301 Computer Charges $ 7,490,001 Real Estate Rentals $ 2,145,255 Telecommunications $ 617,420 Per Diem, Fees and Contracts $ 10,127,685 Utilities $ 1,098,045 Capital Outlay $ 1,030,000 QBE Formula Grants: Kindergarten $ 120,621,279 Grades 1 - 3 $ 330,888,401 Grades 4 - 8 $ 390,033,137 Grades 9 - 12 $ 209,108,876 High School Laboratories $ 58,367,296 Vocational Education Laboratories $ 67,642,730 Special Education $ 104,393,896 Gifted $ 10,417,109 Remedial Education $ 13,383,097 Staff Development $ 5,967,005 Media $ 62,040,723 Indirect Cost $ 340,262,204 Pupil Transportation $ 99,464,112 Prepaid Teacher Retirement $(142,000,000) Mid-term Adjustment $ 14,366,819 Isolated Schools $ 886,547 July and August APEG Salaries $ 231,951,498 Local Fair Share $(263,245,650) Other Categorical Grants: Equalization Formula $ 84,407,589 Grants for Contract Transfer Payments $ 0 Sparsity Grants $ 500,000 Non-QBE Grants: Education of Children of Low-Income Families $ 92,981,253 Retirement (H.B. 272 and H.B. 1321) $ 1,700,000 Instructional Services for the Handicapped $ 19,713,309 Tuition for the Multi-Handicapped $ 1,472,000 Severely Emotionally Disturbed $ 26,414,029 School Lunch (Federal) $ 121,090,490 School Lunch (State) $ 20,939,378 Innovative Programs $ 548,000 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 5,116,748 Regional Educational Service Agencies $ 5,445,605 Georgia Learning Resources System $ 2,112,694 High School Program $ 13,012,796 High School Program Salaries for July and August $ 6,265,656 Special Education in State Institutions $ 2,603,867 Governor's Scholarships $ 500,000 Special Projects $ 992,400 Job Training Partnership Act $ 2,860,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 3,634,434 Salaries and Travel of Public Librarians $ 7,926,960 Public Library Materials $ 4,133,430 Talking Book Centers $ 737,570 Public Library M O $ 3,204,525 Hold Harmless Provision for Special Education $ 21,095,913 Health Insurance for Non-Certificated Personnel $ 21,624,000 Teacher Health Insurance for Retired Teachers $ 7,807,000 Payment of Federal Funds to Postsecondary Vocational Education $ 11,465,031 Grants to Local School Systems for Educational Purposes $ 78,000,00 Child Care Lunch Program (Federal) $ 14,261,645 Chapter II - Block Grant Flow Through $ 9,612,399 Preparation of Professionals for Teaching Handicapped $ 67,221 Profound Special Education $ 1,572,411 Title II (Math and Science) $ 34,247 Asbestos Abatement in Local Schools $ 3,100,000 Total Funds Budgeted $ 2,313,211,331 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 2,013,363,762

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Education Functional Budgets Total Funds State Funds Instructional Services $ 7,455,943 $ 4,433,637 Governor's Honors Program $ 834,740 $ 808,440 Vocational Education $ 5,714,192 $ 2,533,653 Public Library Services $ 1,960,903 $ 960,839 State Administration $ 9,560,375 $ 8,312,570 Administrative Services $ 9,112,329 $ 5,702,655 Planning and Development $ 10,732,268 $ 9,621,695 Professional Standards Commission $ 194,300 $ 194,300 Professional Practices Commission $ 472,836 $ 472,836 Local Programs $ 2,251,868,219 $ 1,965,957,093 Georgia Academy for the Blind $ 4,011,642 $ 3,651,836 Georgia School for the Deaf $ 6,263,911 $ 5,998,266 Atlanta Area School for the Deaf $ 5,029,673 $ 4,715,942 Total $ 2,313,211,331 $ 2,013,363,762

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Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 773,361 Regular Operating Expenses $ 12,000 Travel $ 7,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 1,000 Computer Charges $ 174,000 Real Estate Rentals $ 101,000 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 555,000 Postage $ 65,000 Employer Contribution $ 0 Total Funds Budgeted $ 1,722,861 State Funds Budgeted $ 0 Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 30,818,540 State Operations Budget: Personal Services $ 22,958,883 Regular Operating Expenses $ 6,023,286 Travel $ 134,000 Motor Vehicle Purchases $ 1,334,000 Publications and Printing $ 87,000 Equipment Purchases $ 2,322,310 Computer Charges $ 59,000 Real Estate Rentals $ 29,343 Telecommunications $ 572,000 Per Diem, Fees and Contracts $ 486,000 Contractual Research $ 250,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant $ 90,000 Wood Energy Program $ 68,000 Capital Outlay $ 651,768 Total Funds Budgeted $ 35,365,590 State Funds Budgeted $ 30,818,540

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Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 4,683,965 $ 2,570,915 Field Services $ 28,727,197 $ 26,301,197 Wood Energy $ 68,000 $ 68,000 General Administration and Support $ 1,886,428 $ 1,878,428 Total $ 35,365,590 $ 30,818,540 Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 27,830,511 Operations Budget: Personal Services $ 19,256,570 Regular Operating Expenses $ 1,661,172 Travel $ 560,000 Motor Vehicle Purchases $ 1,145,550 Publications and Printing $ 98,750 Equipment Purchases $ 847,509 Computer Charges $ 1,849,650 Real Estate Rentals $ 1,470,000 Telecommunications $ 1,600,800 Per Diem, Fees and Contracts $ 34,000 Evidence Purchased $ 440,000 Utilities $ 84,000 Postage $ 72,510 Capital Outlay $ 110,000 Total Funds Budgeted $ 29,230,511 Indirect DOAS Funding $ 1,400,000 Total State Funds Budgeted $ 27,830,511 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 2,565,736 $ 2,565,736 Drug Enforcement $ 5,797,368 $ 5,797,368 Investigative $ 9,451,781 $ 9,451,781 Georgia Crime Information Center $ 6,554,702 $ 5,154,702 Undistributed $ 0 $ 0 Total $ 24,369,587 $ 22,969,587

Page 62

Forensic Sciences Division Budget Personal Services $ 3,716,746 Regular Operating Expenses $ 386,000 Travel $ 30,000 Motor Vehicle Purchases $ 94,000 Publications and Printing $ 8,000 Equipment Purchases $ 365,679 Computer Charges $ 104,679 Real Estate Rentals $ 0 Telecommunications $ 110,820 Per Diem, Fees and Contracts $ 5,000 Evidence Purchased $ 0 Utilities $ 35,000 Postage $ 5,000 Total Funds Budgeted $ 4,860,924 Total State Funds Budgeted $ 4,860,924 Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ 0 Departmental Operations Budget: Personal Services $ 977,300 Regular Operating Expenses $ 29,275 Travel $ 9,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 2,325 Computer Charges $ 16,937 Real Estate Rentals $ 86,130 Telecommunications $ 11,100 Per Diem, Fees and Contracts $ 115,000 Total Funds Budgeted $ 1,248,267 State Funds Budgeted $ 0 Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 6,512,966 1. Governor's Office Budget: Cost of Operations $ 2,445,974 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,250,000 Intern Stipends and Travel $ 150,000 Total Funds Budgeted $ 5,885,974 State Funds Budgeted $ 5,885,974 2. Office of Fair Employment Practices Budget: Personal Services $ 514,388 Regular Operating Expenses $ 10,000 Travel $ 11,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 10,000 Computer Charges $ 0 Real Estate Rentals $ 59,604 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 68,000 Total Funds Budgeted $ 686,992 State Funds Budgeted $ 626,992 Budget Unit Object Classes: Cost of Operations $ 2,445,974 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,250,000 Intern Stipends and Travel $ 150,000 Personal Services $ 514,388 Regular Operating Expenses $ 10,000 Travel $ 11,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 10,000 Computer Charges $ 0 Real Estate Rentals $ 59,604 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 68,000 B. Budget Unit: Office of Planning and Budget $ 3,879,066 Office of Planning and Budget Budget: Personal Services $ 3,268,903 Regular Operating Expenses $ 89,000 Travel $ 60,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 36,000 Equipment Purchases $ 25,000 Computer Charges $ 146,860 Real Estate Rentals $ 206,303 Telecommunications $ 52,000 Per Diem, Fees and Contracts $ 95,000 Total Funds Budgeted $ 3,979,066 State Funds Budgeted $ 3,879,066 C. Budget Unit: Units Attached for Administrative Purposes Only $ 5,683,219 Attached Units Budget: Personal Services $ 3,172,881 Regular Operating Expenses $ 160,952 Travel $ 91,175 Motor Vehicle Purchases $ 0 Publications and Printing $ 288,536 Equipment Purchases $ 23,400 Computer Charges $ 70,038 Real Estate Rentals $ 268,140 Telecommunications $ 134,904 Per Diem, Fees and Contracts $ 67,219,195 Art Grants of State Funds $ 2,250,029 Art Grants of Non-State Funds $ 440,000 Humanities Grant - State Funds $ 50,000 Total Funds Budgeted $ 74,169,250 State Funds Budgeted $ 5,683,219

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Attached Units Functional Budgets Total Funds State Funds Council for the Arts $ 3,235,913 $ 2,685,913 Office of Consumer Affairs $ 1,740,715 $ 1,740,715 State Energy Office $ 66,904,435 $ 287,605 Governor's Committee on Post-Secondary Education $ 158,363 $ 158,363 Consumers' Utility Counsel $ 447,653 $ 447,653 Criminal Justice Coordinating Council $ 1,521,955 $ 362,970 Vocational Education Advisory Council $ 160,216 $ 0 Total $ 74,169,250 $ 5,683,219

Page 65

Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities $ 6,800,000 Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 6,800,000 State Funds Budgeted $ 6,800,000 Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations $ 350,202,695 1. General Administration and Support Budget: Personal Services $ 34,500,438 Regular Operating Expenses $ 1,297,325 Travel $ 1,124,390 Motor Vehicle Purchases $ 26,000 Publications and Printing $ 156,945 Equipment Purchases $ 193,573 Computer Charges $ 1,563,150 Real Estate Rentals $ 3,894,581 Telecommunications $ 715,601 Per Diem, Fees and Contracts $ 10,498,110 Utilities $ 193,400 Postage $ 738,546 Capital Outlay $ 99,800 Institutional Repairs and Maintenance $ 132,000 Menninger Group Homes $ 402,000 Benefits for Child Care $ 4,321,433 Contract with Georgia Advocacy Office, Inc $ 215,000 Total Funds Budgeted $ 60,072,292 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 28,153,160

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General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 663,146 $ 663,146 Administrative Appeals $ 1,035,471 $ 1,035,471 Administrative Policy, Coordination, and Direction $ 207,873 $ 207,873 Personnel $ 6,311,231 $ 6,247,934 Indirect Cost $ 0 $ (5,534,273) Facilities Management $ 4,401,063 $ 3,205,067 Public Affairs $ 421,169 $ 421,169 Community and Intergovernmental Affairs $ 457,239 $ 457,239 Budget Administration $ 1,592,695 $ 1,592,695 Accounting Services $ 4,385,806 $ 4,185,806 Auditing Services $ 1,709,478 $ 1,709,478 Special Projects $ 487,000 $ 487,000 Children and Youth Planning $ 220,326 $ 220,326 Troubled Children Benefits $ 4,723,433 $ 4,407,057 Developmental Disabilities $ 253,889 $ 0 Council on Maternal and Infant Health $ 119,423 $ 119,423 Council on Family Planning $ 16,610 $ 1,661 Community Services $ 9,336,810 $ 0 Regulatory Services - Program Direction and Support $ 717,757 $ 642,757 Child Care Licensing $ 1,887,440 $ 1,870,590 Laboratory Improvement $ 757,296 $ 456,716 Health Care Facilities Regulation $ 2,373,584 $ 719,642 Compliance Monitoring $ 365,546 $ 365,546 Radiological Health $ 744,046 $ 561,640 Fraud and Abuse $ 3,985,879 $ 214,148 Child Support Recovery $ 10,214,733 $ 1,424,300 Support Services $ 2,683,349 $ 2,470,749 Total $ 60,072,292 $ 28,153,160

Page 67

2. Public Health Budget: Personal Services $ 35,290,937 Regular Operating Expenses $ 47,162,839 Travel $ 1,005,720 Motor Vehicle Purchases $ 19,800 Publications and Printing $ 307,700 Equipment Purchases $ 379,701 Computer Charges $ 590,020 Real Estate Rentals $ 653,773 Telecommunications $ 579,000 Per Diem, Fees and Contracts $ 16,176,462 Utilities $ 0 Postage $ 86,000 Crippled Children Clinics $ 518,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Midwifery Program Benefits $ 1,325,000 Crippled Children Benefits $ 6,933,116 Kidney Disease Benefits $ 505,000 Cancer Control Benefits $ 2,388,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 300,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,113,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract with Emory University for Cancer Research $ 119,000 Contract with Auditory Educational Clinic $ 105,000 Grant-In-Aid to Counties $ 48,455,219 Contract with Emory University for Arthritis Research $ 215,000 Contract for Scoliosis Screening $ 115,000 Family Planning Benefits $ 302,000 Grants to Counties for Teenage Pregnancy Prevention $ 265,000 Grants to Counties for Metabolic Disorders Screening and Treatment $ 47,000 Contract with Macon-Bibb County Hospital Authority $ 5,000,000 Total Funds Budgeted $ 180,991,082 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 103,741,024

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Public Health Functional Budgets Total Funds State Funds Director's Office $ 699,201 $ 501,976 Employees' Health $ 355,152 $ 313,370 Health Program Management $ 945,529 $ 860,529 Vital Records $ 1,629,808 $ 1,548,223 Health Services Research $ 661,103 $ 438,285 Primary Health Care $ 694,550 $ 667,824 Stroke and Heart Attack Prevention $ 1,771,791 $ 1,241,791 Epidemiology $ 1,728,080 $ 788,491 Immunization $ 453,341 $ 0 Sexually Transmitted Diseases $ 1,423,886 $ 297,606 Community Tuberculosis Center $ 1,370,005 $ 1,238,966 Family Health Management $ 7,970,065 $ 2,877,013 Infant and Child Health $ 8,351,030 $ 8,230,966 Maternal Health - Perinatal $ 184,645 $ 41,763 Family Planning $ 8,721,520 $ 3,979,550 Malnutrition $ 51,418,119 $ 0 Dental Health $ 1,518,975 $ 1,308,800 Children's Medical Services $ 10,896,113 $ 8,792,248 Chronic Disease $ 1,381,918 $ 1,381,918 Diabetes $ 527,593 $ 527,593 Cancer Control $ 3,229,613 $ 3,229,613 Environmental Health $ 947,460 $ 408,688 Laboratory Services $ 4,126,447 $ 4,001,447 Emergency Health $ 2,544,102 $ 1,391,105 Minimum Foundation $ 8,718,000 $ 8,588,325 Newborn Follow-Up Care $ 777,704 $ 640,492 Sickle Cell, Vision and Hearing $ 1,111,839 $ 1,111,839 High-Risk Pregnant Women and Infants $ 6,862,212 $ 6,862,212 Grant in Aid to Counties $ 45,120,767 $ 40,043,869 Teenage Pregnancy Prevention $ 265,000 $ 265,000 Community Health Management $ 2,052,376 $ 1,164,999 Community Care $ 2,533,138 $ 996,523 Total $ 180,991,082 $ 103,741,024

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3. Mental Health - Program Direction and Support Budget: Personal Services $ 4,786,688 Regular Operating Expenses $ 91,000 Travel $ 127,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 39,000 Equipment Purchases $ 43,000 Computer Charges $ 1,040,000 Real Estate Rentals $ 0 Telecommunications $ 247,000 Per Diem, Fees and Contracts $ 332,115 Utilities $ 0 Postage $ 1,000 Contract with Housing Alternatives $ 100,000 Total Funds Budgeted $ 6,806,803 Indirect DOAS Services Funding $ 779,100 State Funds Budgeted $ 5,580,405

Page 71

Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Administration $ 6,762,727 $ 5,831,329 Indirect Cost $ 0 $ (295,000) MH/MR Advisory Council $ 44,076 $ 44,076 Total $ 6,806,803 $ 5,580,405 4. Youth Services - Program Direction and Support: Personal Services $ 1,535,612 Regular Operating Expenses $ 24,970 Travel $ 35,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 12,000 Computer Charges $ 64,000 Real Estate Rentals $ 0 Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 7,850 Utilities $ 0 Postage $ 0 Total Funds Budgeted $ 1,724,432 State Funds Budgeted $ 1,660,190 5. Services to the Aged Budget: Personal Services $ 2,146,066 Regular Operating Expenses $ 93,985 Travel $ 69,200 Motor Vehicle Purchases $ 0 Publications and Printing $ 21,650 Equipment Purchases $ 11,000 Computer Charges $ 75,000 Real Estate Rentals $ 4,000 Telecommunications $ 69,000 Per Diem, Fees and Contracts $ 24,227,530 Utilities $ 0 Payments to DMA $ 6,798,650 Postage $ 1,000 Total Funds Budgeted $ 33,517,081 State Funds Budgeted $ 11,511,892

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Services to the Aged Functional Budgets Total Funds State Funds Administration and Planning $ 2,575,001 $ 1,125,090 Aging Services $ 24,143,430 $ 3,588,152 Alternative Health Services $ 6,798,650 $ 6,798,650 Total $ 33,517,081 $ 11,511,892 6. Rehabilitation Services Budget: Personal Services $ 25,445,460 Regular Operating Expenses $ 1,127,000 Travel $ 537,000 Motor Vehicle Purchases $ 23,000 Publications and Printing $ 49,000 Equipment Purchases $ 141,000 Computer Charges $ 786,000 Real Estate Rentals $ 1,038,000 Telecommunications $ 625,000 Per Diem, Fees and Contracts $ 1,030,600 Utilities $ 257,000 Capital Outlay $ 0 Postage $ 94,000 Institutional Repairs and Maintenance $ 55,400 Grants for Nephrology Centers $ 245,000 Contracts with Vocational Rehabilitation Community Facilities $ 5,196,495 Contract for Epilepsy $ 67,000 Case Services $ 9,816,000 E.S.R.P. Case Services $ 50,000 Contract with Affirmative Industries $ 110,000 Contract with RCW Industries $ 146,000 Total Funds Budgeted $ 46,838,955 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 14,735,133

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Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 2,986,985 $ 1,097,851 Grants Management $ 632,397 $ 521,790 Atlanta Rehabilitation Center $ 2,261,155 $ 434,778 Rehabilitation Center for the Deaf - Cave Spring $ 513,710 $ 102,742 Central Rehabilitation Center $ 600,463 $ 120,093 Georgia Vocational Adjustment Center - Gracewood $ 468,450 $ 93,689 Ireland Rehabilitation Center $ 405,132 $ 81,030 Rome Rehabilitation Center $ 219,075 $ 44,455 J.F. Kennedy Center $ 489,274 $ 97,854 Production Workshop $ 1,099,723 $ 0 District Field Services $ 30,421,482 $ 6,181,268 Independent Living $ 443,848 $ 241,369 Sheltered Employment $ 1,100,766 $ 521,719 Community Facilities $ 4,801,793 $ 4,801,793 Bobby Dodd Workshop $ 394,702 $ 394,702 Total $ 46,838,955 $ 14,735,133

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7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 10,673,413 Regular Operating Expenses $ 1,687,000 Travel $ 48,000 Motor Vehicle Purchases $ 54,000 Publications and Printing $ 15,000 Equipment Purchases $ 110,000 Computer Charges $ 62,000 Real Estate Rentals $ 11,000 Telecommunications $ 173,000 Per Diem, Fees and Contracts $ 1,690,000 Utilities $ 578,000 Postage $ 14,300 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 234,000 Total Funds Budgeted $ 15,349,713 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 3,215,526 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Total Funds State Funds Administration $ 6,150,685 $ 5,723,085 Rehabilitation Services $ 9,199,028 $ (2,507,559) Total $ 15,349,713 $ 3,215,526 8. Georgia Factory for the Blind Budget: Personal Services $ 4,673,528 Regular Operating Expenses $ 8,332,000 Travel $ 17,000 Motor Vehicle Purchases $ 20,000 Publications and Printing $ 9,000 Equipment Purchases $ 42,000 Computer Charges $ 70,000 Real Estate Rentals $ 30,000 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 66,000 Utilities $ 125,000 Postage $ 6,000 Total Funds Budgeted $ 13,420,528 State Funds Budgeted $ 532,586

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Georgia Factory for the Blind Functional Budgets Total Funds State Funds Operations $ 12,887,942 $ 0 Supervision $ 532,586 $ 532,586 Total $ 13,420,528 $ 532,586 9. Rehabilitation Services - Disability Adjudication Budget: Personal Services $ 12,137,721 Regular Operating Expenses $ 319,679 Travel $ 168,019 Motor Vehicle Purchases $ 0 Publications and Printing $ 93,322 Equipment Purchases $ 223,042 Computer Charges $ 780,921 Real Estate Rentals $ 781,375 Telecommunications $ 589,857 Per Diem, Fees and Contracts $ 2,403,312 Utilities $ 0 Postage $ 357,688 Case Services $ 10,059,785 Total Funds Budgeted $ 27,914,721 State Funds Budgeted $ 0 10. Family and Children Services Budget: Personal Services $ 11,664,642 Regular Operating Expenses $ 16,968,000 Travel $ 390,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 680,500 Equipment Purchases $ 132,000 Computer Charges $ 12,802,600 Real Estate Rentals $ 227,000 Per Diem, Fees and Contracts $ 30,343,127 Telecommunications $ 912,000 Utilities $ 7,000 Postage $ 949,000 AFDC Benefits $ 242,317,142 Grants to County DFACS - Operations $ 142,908,450 W.I.N. Benefits $ 886,594 Benefits for Child Care $ 20,592,025 SSI Supplemental Benefits $ 20,000 Total Funds Budgeted $ 481,800,080 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 181,072,779

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Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,104,936 $ 0 AFDC Payments $ 242,317,142 $ 82,276,670 SSI - Supplement Benefits $ 20,000 $ 20,000 Energy Benefits $ 16,026,500 $ 0 County DFACS Operations - Social Services $ 38,511,983 $ 15,749,972 County DFACS Operations - Eligibility $ 59,401,070 $ 29,566,073 County DFACS Operations - Joint and Administration $ 38,414,969 $ 18,378,828 Homemakers Services $ 5,464,567 $ 4,883,167 Food Stamp Issuance $ 2,512,000 $ 0 Grants to Fulton County for 24-Hour Emergency Services $ 245,982 $ 245,982 Director's Office $ 649,331 $ 649,331 Administrative Support $ 2,778,923 $ 2,308,078 Regional Administration $ 3,242,949 $ 3,242,949 Public Assistance $ 5,381,624 $ 1,800,328 Social Services $ 1,874,085 $ 1,874,085 Program Support $ 2,450,996 $ 1,801,586 Management Information Systems $ 15,483,623 $ 6,727,041 Employability Programs $ 869,879 $ 273,377 Indirect Cost $ 0 $ (7,781,394) Work Incentive Benefits $ 4,020,594 $ 707,410 Legal Services $ 700,000 $ 475,000 Family Foster Care $ 16,791,913 $ 10,942,893 Institutional Foster Care $ 1,560,462 $ 1,092,744 Specialized Foster Care $ 337,700 $ 100,407 Adoption Supplement $ 1,699,950 $ 1,625,950 Liability Insurance $ 32,700 $ 32,700 Day Care $ 18,059,430 $ 2,841,778 Psychiatric, Psychological and Speech Therapy $ 130,000 $ 130,000 Maternity Care $ 50,000 $ 50,000 Return of Runaways - County $ 2,000 $ 2,000 Home Management - Contracts $ 145,200 $ 44,016 Outreach - Contracts $ 710,030 $ 206,866 Special Projects $ 809,542 $ 804,942 Total $ 481,800,080 $ 181,072,779

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Budget Unit Object Classes: Personal Services $ 142,854,505 Regular Operating Expenses $ 77,103,798 Travel $ 3,521,329 Motor Vehicle Purchases $ 142,800 Publications and Printing $ 1,377,117 Equipment Purchases $ 1,287,316 Computer Charges $ 17,833,691 Real Estate Rentals $ 6,639,729 Telecommunications $ 3,980,458 Per Diem, Fees and Contracts $ 86,775,106 Utilities $ 1,160,400 Postage $ 2,247,534 Capital Outlay $ 99,800 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 6,933,116 Crippled Children Clinics $ 518,000 Kidney Disease Benefits $ 505,000 Cancer Control Benefits $ 2,388,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,113,000 Family Planning Benefits $ 302,000 Benefits for Midwifery Program $ 1,325,000 Grant-In-Aid to Counties $ 48,455,219 Work Incentive Benefits $ 886,594 Benefits for Child Care $ 24,913,458 Grants for Nephrology Centers $ 245,000 Case Services $ 19,875,785 E.S.R.P. Case Services $ 50,000 SSI Supplemental Benefits $ 20,000 AFDC Benefits $ 242,317,142 Grants to Counties DFACS for Operations $ 142,908,450 Contracts with Vocational Rehabilitation Community Facilities $ 5,196,495 Contracts for the Purchase of Clotting Factor for the Hemophilia Program $ 300,000 Contract with Affirmative Industries $ 110,000 Institutional Repairs and Maintenance $ 421,400 Contract with Emory University for Arthritis Research $ 215,000 Grant for Epilepsy Program $ 67,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract for Scoliosis Screening $ 115,000 Menninger Group Homes $ 402,000 Contract - Georgia Advocacy Office, Inc. $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 265,000 Contract - Cancer Research at Emory $ 119,000 Contract - Macon-Bibb County Hospital Authority $ 5,000,000 Contract with RCW Industries $ 146,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 47,000 Payments to DMA $ 6,798,650 Contract with Housing Alternatives $ 100,000 Contract with Auditory Educational Clinic $ 105,000 B. Budget Unit: State Health Planning and Development $ 802,969 State Health Planning and Development Budget: Personal Services $ 747,039 Regular Operating Expenses $ 32,000 Travel $ 6,000 Publications and Printing $ 3,000 Equipment Purchases $ 9,329 Computer Charges $ 34,346 Real Estate Rentals $ 106,000 Telecommunications $ 21,000 Per Diem, Fees and Contracts $ 98,785 Postage $ 12,000 Total Funds Budgeted $ 1,069,499 State Funds Budgeted $ 802,969 C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions $ 371,190,842 Departmental Operations Budget: Personal Services $ 297,057,552 Regular Operating Expenses $ 30,428,082 Travel $ 631,530 Motor Vehicle Purchases $ 874,000 Publications and Printing $ 88,200 Equipment Purchases $ 2,417,514 Computer Charges $ 3,240,240 Real Estate Rentals $ 618,000 Telecommunications $ 2,495,774 Per Diem, Fees and Contracts $ 24,707,016 Utilities $ 14,860,738 Postage $ 241,200 Capital Outlay $ 794,800 Authority Lease Rentals $ 2,237,000 Institutional Repairs and Maintenance $ 2,892,472 Grants to County-Owned Detention Centers $ 2,476,890 Drug Abuse Contracts $ 1,085,388 Day Care Centers for the Mentally Retarded $ 63,390,742 MR Day Care Center Motor Vehicle Purchase $ 1,983,000 Supportive Living Staff $ 1,670,339 Supportive Living Benefits $ 8,404,845 Georgia State Foster Grandparent and Senior Companion Program $ 582,246 Community Mental Health Center Services $ 71,329,010 Project Rescue $ 359,928 Project ARC $ 249,644 Project Friendship $ 285,100 Group Homes for Autistic Children $ 246,854 Contract with Clayton County Board of Education for Autistic Children $ 71,000 Uniform Alcoholism Projects $ 512,558 Child Care Benefits $ 16,000 Community Mental Retardation Staff $ 3,136,125 Community Mental Retardation Residential Services $ 15,730,811 Lumpkin Area Individual Living, Inc $ 34,176 Total Funds Budgeted $ 555,148,774 Indirect DOAS Services Funding $ 1,625,000 State Funds Budgeted $ 371,190,842

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Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 30,970,624 $ 19,925,062 Georgia Retardation Center $ 27,044,939 $ 13,066,112 Georgia Mental Health Institute $ 22,598,123 $ 19,548,640 Georgia Regional Hospital at Augusta $ 14,947,102 $ 13,670,926 Northwest Regional Hospital at Rome $ 22,284,951 $ 17,494,673 Georgia Regional Hospital at Atlanta $ 24,497,936 $ 18,312,760 Central State Hospital $ 106,268,929 $ 74,226,136 Georgia Regional Hospital at Savannah $ 20,089,810 $ 17,606,641 Gracewood State School and Hospital $ 39,931,513 $ 21,424,002 West Central Georgia Regional Hospital $ 12,876,854 $ 10,978,639 Regional Youth Development Centers $ 14,594,714 $ 14,303,814 State Youth Development Centers $ 20,747,636 $ 20,160,222 Court Services $ 8,148,788 $ 8,148,788 Community Treatment Centers $ 2,232,877 $ 2,232,877 Day Centers $ 766,719 $ 766,719 Group Homes $ 570,379 $ 570,379 Runaway Investigations $ 442,190 $ 442,190 Interstate Compact $ 95,355 $ 95,355 Purchased Services $ 2,722,498 $ 2,681,498 Assessment and Classification $ 341,981 $ 341,981 Outdoor Therapeutic Program $ 1,855,252 $ 1,686,663 Mental Health Community Assistance $ 7,327,908 $ 7,327,908 Mental Retardation Community Assistance $ 2,727,496 $ 2,029,496 Central Pharmacy $ 142,952 $ 142,952 Day Care Centers for Mentally Retarded $ 65,373,742 $ 30,868,858 Supportive Living $ 10,075,184 $ 5,946,718 Georgia State Foster Grandparents and Senior Companion Program $ 582,246 $ 568,000 Project Rescue $ 359,928 $ 196,928 Drug Abuse Contracts $ 1,085,388 $ 1,085,388 Community Mental Health Center Services $ 71,329,010 $ 29,563,125 Uniform Alcoholism Projects $ 512,558 $ 486,433 Project ARC $ 249,644 $ 249,644 Metro Drug Abuse Centers $ 1,528,674 $ 655,674 Group Homes for Autistic Children $ 246,854 $ 246,854 Project Friendship $ 285,100 $ 285,100 Central Laboratory $ 320,808 $ 0 Community Mental Retardation Staff $ 3,136,125 $ 2,828,510 Community Mental Retardation Residential Services $ 15,730,811 $ 10,920,001 Lumpkin Area Individual Living, Inc. $ 34,176 $ 34,176 Contract with Clayton County Board of Education for Autistic Children $ 71,000 $ 71,000 Undistributed $ 0 $ 0 Total $ 555,148,774 $ 371,190,842

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Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 15,250,056 State Operations Budget: Personal Services $ 5,692,732 Regular Operating Expenses $ 906,000 Travel $ 312,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 332,000 Equipment Purchases $ 73,600 Computer Charges $ 148,000 Real Estate Rentals $ 461,500 Telecommunications $ 163,000 Per Diem, Fees and Contracts $ 371,929 Postage $ 181,000 Local Welcome Center Contracts $ 200,000 Advertising $ 3,650,000 Cooperative Advertising $ 0 Georgia Ports Authority Authority Lease Rentals $ 2,735,000 Historic Chattahoochee Commission Contract $ 60,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 50,000 Georgia Music Week Promotion $ 35,000 Payments to Georgia World Congress Center for Operating Expenses $ 0 Contract - Georgia Association of Broadcasters $ 53,000 Southern Center for International Studies $ 25,000 Capital Outlay $ 575,000 Total Funds Budgeted $ 16,049,761 State Funds Budgeted $ 15,250,056 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 5,987,362 $ 5,187,657 Economic Development $ 3,939,144 $ 3,939,144 Tourism $ 6,123,255 $ 6,123,255 Total $ 16,049,761 $ 15,250,056

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B. Budget Unit: Authorities $ 0 Administration Budget: Personal Services $ 32,797,361 Regular Operating Expenses $ 12,322,825 Travel $ 547,664 Motor Vehicle Purchases $ 0 Publications and Printing $ 160,896 Equipment Purchases $ 108,200 Computer Charges $ 593,000 Real Estate Rentals $ 134,810 Telecommunications $ 442,919 Per Diem, Fees and Contracts $ 3,831,774 Ports Authority Payments to State Treasury $ 16,415,000 Other Debt Service Payments - G.P.A. $ 1,564,000 Capital Outlay - Internal Operations - G.P.A. $ 5,523,772 Atlanta Convention and Visitors Bureau - G.W.C.C. $ 45,000 Total Funds Budgeted $ 74,487,221 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Georgia World Congress Center $ 12,723,850 $ 0 Georgia Ports Authority $ 61,763,371 $ 0 Total $ 74,487,221 $ 0 Section 28. Department of Insurance. Budget Unit: Office of Insurance Commissioner $ 8,555,895 Operations Budget: Personal Services $ 7,779,373 Regular Operating Expenses $ 397,380 Travel $ 208,000 Motor Vehicle Purchases $ 208,000 Publications and Printing $ 135,000 Equipment Purchases $ 51,635 Computer Charges $ 214,163 Real Estate Rentals $ 493,466 Telecommunications $ 166,700 Per Diem, Fees and Contracts $ 33,001 Total Funds Budgeted $ 9,686,718 State Funds Budgeted $ 8,555,895

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Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,371,272 $ 1,371,272 Insurance Regulation $ 2,126,811 $ 2,016,988 Industrial Loans Regulation $ 531,344 $ 531,344 Information and Enforcement $ 1,485,466 $ 1,485,466 Fire Safety and Mobile Home Regulations $ 4,171,825 $ 3,150,825 Total $ 9,686,718 $ 8,555,895 Section 29. Department of Labor. Budget Unit: Department of Labor $ 5,441,678 State Operations: Personal Services $ 58,743,678 Regular Operating Expenses $ 3,091,000 Travel $ 968,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 36,000 Equipment Purchases $ 301,000 Computer Charges $ 2,459,000 Real Estate Rentals $ 2,290,811 Telecommunications $ 1,158,000 Per Diem, Fees and Contracts (JTPA) $ 56,388,000 Per Diem, Fees and Contracts $ 1,747,000 W.I.N. Grants $ 260,000 Payments to State Treasury $ 400,000 Capital Outlay $ 0 Total Funds Budgeted $ 127,842,489 State Funds Budgeted $ 5,441,678

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Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 4,768,818 $ 850,272 Administrative Services $ 10,993,993 $ 911,229 Unemployment Insurance $ 7,736,496 $ 4,302 Employment Services $ 3,919,019 $ 351,048 Field Services $ 47,144,076 $ 3,324,827 Job Training Partnership $ 53,280,087 $ 0 Total $ 127,842,489 $ 5,441,678 Section 30. Department of Law. Budget Unit: Department of Law $ 6,721,007 Attorney General's Office Budget: Personal Services $ 5,932,820 Regular Operating Expenses $ 329,196 Travel $ 125,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 36,480 Equipment Purchases $ 20,000 Computer Charges $ 122,899 Real Estate Rentals $ 330,312 Telecommunications $ 91,200 Per Diem, Fees and Contracts $ 43,000 Books for State Library $ 110,000 Total Funds Budgeted $ 7,140,907 State Funds Budgeted $ 6,721,007

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Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services $ 288,424,960 Departmental Operations Budget: Personal Services $ 8,545,688 Regular Operating Expenses $ 267,000 Travel $ 168,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 52,000 Equipment Purchases $ 97,062 Computer Charges $ 10,569,708 Real Estate Rentals $ 880,449 Telecommunications $ 383,000 Per Diem, Fees and Contracts $ 12,938,000 Postage $ 88,000 Medicaid Benefits, Penalties, and Disallowances $ 916,765,044 Payments to Counties for Mental Health $ 15,400,000 Audits Contracts $ 858,100 Total Funds Budgeted $ 967,012,051 State Funds Budgeted $ 288,424,960 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 1,223,664 $ 481,855 Program Management $ 16,043,320 $ 2,336,031 Administration $ 2,237,612 $ 353,369 Operations $ 12,086,584 $ 2,658,542 Program Integrity $ 3,255,827 $ 1,412,775 Benefits $ 932,165,044 $ 281,182,388 Total $ 967,012,051 $ 288,424,960

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Section 32. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 7,019,523 Departmental Operations Budget: Personal Services $ 5,236,079 Regular Operating Expenses $ 178,910 Travel $ 67,950 Motor Vehicle Purchases $ 0 Publications and Printing $ 332,750 Equipment Purchases $ 66,791 Computer Charges $ 1,902,307 Real Estate Rentals $ 720,024 Telecommunications $ 83,305 Per Diem, Fees and Contracts $ 28,195,131 Postage $ 273,140 Health Insurance Payments $ 254,557,620 Total Funds Budgeted $ 291,614,007 Agency Assessments $ 7,019,523 Employee and Employer Contributions $ 284,531,847 Deferred Compensation $ 37,637 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 1,909,046 $ 0 Classification and Compensation $ 857,865 $ 0 Program Evaluation and Audit $ 660,427 $ 0 Employee Training and Development $ 1,060,786 $ 0 Health Insurance Administration $ 8,173,325 $ 0 Health Insurance Claims $ 276,025,822 $ 0 Internal Administration $ 1,766,406 $ 0 Commissioner's Office $ 1,160,330 $ 0 Undistributed $ 0 $ 0 Total $ 291,614,007 $ 0

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Section 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 62,941,956 Operations Budget: Personal Services $ 44,340,043 Regular Operating Expenses $ 8,048,280 Travel $ 486,500 Motor Vehicle Purchases $ 1,543,500 Publications and Printing $ 547,500 Equipment Purchases $ 1,154,000 Computer Charges $ 410,500 Real Estate Rentals $ 1,529,183 Telecommunications $ 817,180 Per Diem, Fees and Contracts $ 1,118,500 Postage $ 332,630 Land and Water Conservation Grants $ 3,010,000 Recreation Grants $ 1,040,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 275,000 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Repairs and Maintenance $ 1,116,017 Capital Outlay for Shop Stock - Parks $ 300,000 Capital Outlay for Heritage Trust $ 535,000 Authority Lease Rentals $ 915,000 Cost of Material for Resale $ 1,310,000 Payments to Lake Lanier Islands Development Authority $ 763,000 Contract - Special Olympics, Inc $ 206,000 Georgia Sports Hall of Fame $ 300,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 400,000 Capital Outlay from User Fee Enhancements for Parks $ 1,300,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 250,000 Technical Assistance Contract $ 125,000 Capital Outlay $ 1,092,000 Contract - Georgia Rural Water Association $ 10,000 Grant to the Hay House $ 40,000 Contract with the Corps of Engineers (Cold Water Creek St. Park) $ 135,846 Contract - Corps of Engineers (Tybee Beach Restoration) $ 800,000 Advertising and Promotion $ 100,000 Payments to Georgia Agricultural Exposition Authority $ 265,500 Payment to Jekyll Island State Park - Capital Outlay $ 0 Payment to Stone Mountain Memorial Association - Capital Outlay $ 0 Environmental Facilities Grant $ 8,150,000 Non-Game Wildlife Habitat Fund $ 150,000 Georgia Boxing Commission $ 7,000 Lanier Regional Committee $ 13,000 Total Funds Budgeted $ 83,081,179 Receipts from Jekyll Island State Park Authority $ 53,750 Receipts from Stone Mountain Memorial Association $ 315,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 62,941,956

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Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 6,383,901 $ 6,015,151 Game and Fish $ 22,388,864 $ 19,308,423 Parks, Recreation and Historic Sites $ 28,657,210 $ 15,714,262 Environmental Protection $ 24,192,322 $ 20,514,238 Coastal Resources $ 1,458,882 $ 1,389,882 Total $ 83,081,179 $ 62,941,956

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B. Budget Unit: Authorities $ 0 Operations Budget: Personal Services $ 5,833,850 Regular Operating Expenses $ 3,773,200 Travel $ 70,050 Motor Vehicle Purchases $ 22,000 Publications and Printing $ 94,100 Equipment $ 15,900 Computer Charges $ 20,000 Real Estate Rentals $ 13,950 Telecommunications $ 124,950 Per Diem, Fees and Contracts $ 181,000 Capital Outlay $ 103,000 Boat Replacement Expense $ 178,350 Payments to the Department of Natural Resources $ 53,750 Total Funds Budgeted $ 10,484,100 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Lake Lanier Islands Development Authority $ 4,156,750 $ 0 Jekyll Island State Park Authority $ 6,077,350 $ 0 Georgia Agricultural Exposition Authority $ 250,000 $ 0 Stone Mountain Memorial Association $ 0 $ 0 Total $ 10,484,100 $ 0

Page 93

Section 34. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education $ 90,886,727 Board of Postsecondary Vocational Education Budget: Personal Services $ 7,847,879 Regular Operating Expenses $ 1,315,592 Travel $ 110,700 Motor Vehicle Purchases $ 29,000 Publications and Printing $ 53,447 Equipment Purchases $ 305,400 Computer Charges $ 243,700 Real Estate Rentals $ 274,829 Telecommunications $ 109,520 Per Diem, Fees and Contracts $ 977,872 Utilities $ 869,100 Area Schools $ 74,247,983 Junior College Program $ 2,673,163 Quick Start Program $ 3,700,000 Capital Outlay $ 0 Area School Construction $ 2,065,000 Teacher Retirement $ 6,607,120 Teacher Health Insurance $ 1,852,850 Total Funds Budgeted $ 103,283,155 State Funds Budgeted $ 90,886,727 Institutions Functional Budgets Total Funds State Funds State Administration and Local Programs $ 94,663,277 $ 84,144,728 North Georgia Vocational- Technical School $ 4,810,476 $ 3,690,287 South Georgia Vocational- Technical School $ 3,809,402 $ 3,051,712 Total $ 103,283,155 $ 90,886,727

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Section 35. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 61,969,301 Operations Budget: Personal Services $ 46,215,880 Regular Operating Expenses $ 6,105,800 Travel $ 128,000 Motor Vehicle Purchases $ 3,706,714 Publications and Printing $ 641,350 Equipment Purchases $ 604,245 Computer Charges $ 3,026,512 Real Estate Rentals $ 13,000 Telecommunications $ 774,200 Per Diem, Fees and Contracts $ 182,000 Postage $ 1,022,500 Conviction Reports $ 215,000 State Patrol Posts Repairs and Maintenance $ 180,000 Driver License Processing $ 850,000 Total Funds Budgeted $ 63,665,201 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 61,969,301 Public Safety Functional Budgets Total Funds State Funds Administration $ 7,493,851 $ 7,447,951 Driver Services $ 13,904,137 $ 12,404,137 Field Operations $ 42,267,213 $ 42,117,213 Total $ 63,665,201 $ 61,969,301 B. Budget Unit: Units Attached for Administrative Purposes Only $ 11,893,291 Attached Units Budget: Personal Services $ 4,441,491 Regular Operating Expenses $ 2,002,667 Travel $ 154,900 Motor Vehicle Purchases $ 154,500 Publications and Printing $ 57,289 Equipment Purchases $ 420,683 Computer Charges $ 236,241 Real Estate Rentals $ 163,763 Telecommunications $ 187,893 Per Diem, Fees and Contracts $ 875,236 Postage $ 37,940 Peace Officers Training Grants $ 2,375,000 Highway Safety Grants $ 3,500,000 Capital Outlay $ 1,800,000 Total Funds Budgeted $ 16,407,603 State Funds Budgeted $ 11,893,291

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Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,972,881 $ 247,384 Georgia Peace Officers Standards and Training $ 3,833,523 $ 3,782,323 Police Academy $ 1,322,625 $ 1,265,223 Fire Academy $ 950,401 $ 851,435 Georgia Firefighters Standards and Training Council $ 398,939 $ 398,939 Organized Crime Prevention Council $ 326,147 $ 296,147 Georgia Public Safety Training Facility $ 5,603,087 $ 5,051,840 Total $ 16,407,603 $ 11,893,291 Section 36. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 12,644,084 Departmental Operations Budget: Payments to Employees' Retirement System $ 194,084 Employer Contributions $ 12,450,000 Total Funds Budgeted $ 12,644,084 State Funds Budgeted $ 12,644,084

Page 96

Section 37. Public Service Commission. Budget Unit: Public Service Commission $ 6,620,969 Departmental Operations Budget: Personal Services $ 4,764,205 Regular Operating Expenses $ 237,641 Travel $ 137,000 Motor Vehicle Purchases $ 71,750 Publications and Printing $ 24,000 Equipment Purchases $ 38,450 Computer Charges $ 278,199 Real Estate Rentals $ 247,120 Telecommunications $ 105,000 Per Diem, Fees and Contracts $ 1,259,313 Total Funds Budgeted $ 7,162,678 State Funds Budgeted $ 6,620,969 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,161,281 $ 1,161,281 Transportation $ 2,268,289 $ 1,821,030 Utilities $ 3,733,108 $ 3,638,658 Total $ 7,162,678 $ 6,620,969 Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 598,897,013 Resident Instruction Budget: Regular Personal Services $ 630,824,960 Sponsored Personal Services $ 72,000,000 Regular Operating Expenses $ 162,282,208 Sponsored Operating Expenses $ 80,000,000 Office of Minority Business Enterprise $ 303,513 Special Desegregation Programs $ 338,052 Authority Lease Rentals $ 14,189,169 Research Consortium $ 5,100,000 Eminent Scholars Program $ 500,000 Total Funds Budgeted $ 965,537,902 Departmental Income $ 23,000,000 Sponsored Income $ 152,000,000 Other Funds $ 188,613,589 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 598,897,013 B. Budget Unit: Regents Central Office and Other Organized Activities $ 122,775,203 Regents Central Office and Other Organized Activities Budget: Regular Personal Services $ 162,708,899 Sponsored Personal Services $ 49,528,203 Regular Operating Expenses $ 68,889,258 Sponsored Operating Expenses $ 22,314,962 Fire Ant and Environmental Toxicology Research $ 257,561 Agricultural Research $ 1,571,440 Advanced Technology Development Center $ 1,017,243 Capitation Contracts for Family Practice Residency $ 2,580,000 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 556,625 Talmadge Hospital Capital Outlay $ 0 Agricultural Experiment Station Equipment $ 200,000 SREB Payments $ 6,181,600 Medical Scholarships $ 611,750 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Payments to Georgia Military College $ 608,124 Total Funds Budgeted $ 320,365,395 Departmental Income $ 1,932,626 Sponsored Income $ 71,843,165 Other Funds $ 123,258,701 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 122,775,203

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Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,524,638 $ 1,000,788 Skidaway Institute of Oceanography $ 3,024,223 $ 1,306,423 Marine Institute $ 1,517,798 $ 769,450 Georgia Tech Research Institute $ 82,081,924 $ 9,934,160 Engineering Extension Division $ 3,611,087 $ 1,808,387 Agricultural Experiment Station $ 45,027,672 $ 29,077,027 Cooperative Extension Service $ 43,520,465 $ 28,326,098 Eugene Talmadge Memorial Hospital $ 113,568,545 $ 29,150,861 Veterinary Medicine Experiment Station $ 2,688,501 $ 2,688,501 Veterinary Medicine Teaching Hospital $ 2,136,034 $ 414,446 Joint Board of Family Practice $ 5,447,570 $ 5,447,570 Georgia Radiation Therapy Center $ 1,417,911 $ 0 Athens and Tifton Veterinary Laboratories $ 2,000,535 $ 53,000 Regents Central Office $ 12,798,492 $ 12,798,492 Undistributed $ 0 $ 0 Total $ 320,365,395 $ 122,775,203

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C. Budget Unit: Georgia Public Telecommunications Commission $ 5,848,818 Public Telecommunications Commission Budget: Personal Services $ 4,533,390 Operating Expenses $ 4,955,354 Total Funds Budgeted $ 9,488,744 Other Funds $ 3,639,926 State Funds Budgeted $ 5,848,818 Section 39. Department of Revenue. Budget Unit: Department of Revenue $ 56,790,398 Operations Budget: Personal Services $ 36,545,681 Regular Operating Expenses $ 1,121,782 Travel $ 1,365,915 Motor Vehicle Purchases $ 97,245 Publications and Printing $ 2,259,945 Equipment Purchases $ 382,398 Computer Charges $ 6,042,815 Real Estate Rentals $ 2,171,050 Telecommunications $ 580,570 Per Diem, Fees and Contracts $ 205,595 Retirement and FICA for County Tax Officials $ 1,593,000 Grants to Counties for Appraisal Staff $ 1,554,610 Motor Vehicle Tags and Decals $ 4,491,876 Postage $ 2,222,916 Total Funds Budgeted $ 60,635,398 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 56,790,398

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Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 3,791,374 $ 3,791,374 Internal Administration $ 7,218,504 $ 7,118,504 Electronic Data Processing $ 3,041,924 $ 3,041,924 Field Services $ 12,012,445 $ 11,922,445 Income Tax Unit $ 6,679,660 $ 5,602,660 Motor Vehicle Unit $ 14,897,891 $ 12,842,891 Central Audit Unit $ 5,053,604 $ 5,053,604 Property Tax Unit $ 3,933,714 $ 3,933,714 Sales Tax Unit $ 4,006,282 $ 3,483,282 Total $ 60,635,398 $ 56,790,398 Section 40. Secretary of State. A. Budget Unit: Secretary of State $ 18,159,195 Personal Services $ 11,567,017 Regular Operating Expenses $ 1,406,717 Travel $ 220,906 Motor Vehicle Purchases $ 146,677 Publications and Printing $ 405,075 Equipment Purchases $ 171,730 Computer Charges $ 704,215 Real Estate Rentals $ 1,846,896 Telecommunications $ 297,517 Per Diem, Fees and Contracts $ 498,268 Election Expenses $ 575,000 Postage $ 319,177 Total Funds Budgeted $ 18,159,195 State Funds Budgeted $ 18,159,195

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Secretary of State Functional Budgets Total Funds State Funds Internatl Administration $ 2,571,251 $ 2,571,251 Archives and Records $ 4,101,357 $ 4,101,357 Corporations Regulation $ 1,773,786 $ 1,773,786 Elections and Campaign Disclosure $ 1,320,428 $ 1,320,428 Securities Regulation $ 1,329,850 $ 1,329,850 Drugs and Narcotics $ 751,606 $ 751,606 State Ethics Commission $ 47,612 $ 47,612 State Campaign and Financial Disclosure $ 98,184 $ 98,184 Occupational Certification $ 6,165,121 $ 6,165,121 Total $ 18,159,195 $ 18,159,195 Occupational Certification Functional Budgets Board Costs Cost of Operations S.B. of Accountancy $ 197,605 $ 349,303 S.B. of Architects $ 55,960 $ 122,571 S.B. of Athletic Trainers $ 736 $ 3,066 Georgia Auctioneers Commission $ 6,022 $ 31,799 S.B. of Barbers $ 9,120 $ 134,965 G.B. of Chiropractic Examiners $ 13,040 $ 76,790 State Construction Industry Licensing Board $ 65,960 $ 397,133 S.B. of Cosmetology $ 33,660 $ 653,366 G.B. of Dentistry $ 53,955 $ 268,581 G.B. of Examiners of Licensed Dieticians $ 12,945 $ 22,270 S.B. of Professional Engineers and Land Surveyors $ 54,440 $ 287,217 S.B. of Registration for Foresters $ 3,451 $ 27,041 S.B. of Funeral Services $ 18,770 $ 182,374 S.B. of Registration for Professional Geologists $ 3,157 $ 16,584 S.B. of Hearing Aid Dealers and Dispensers $ 4,297 $ 13,022 G.B. of Landscape Architects $ 12,129 $ 22,437 S.B. for the Certification of Librarians $ 2,399 $ 16,366 Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists $ 30,460 $ 85,482 Composite S.B. of Medical Examiners $ 141,670 $ 1,060,965 S.B. of Nursing Home Administrations $ 11,025 $ 52,470 G.B. of Nursing $ 62,180 $ 748,600 S.B. of Dispensing Opticans $ 5,387 $ 39,668 S.B. of Examiners in Optometry $ 13,610 $ 32,981 S.B. of Occupational Therapy $ 8,920 $ 16,332 S.B. of Pharmacy $ 75,363 $ 426,254 S.B. of Physical Therapy $ 16,350 $ 45,510 S.B. of Podiatry Examiners $ 4,105 $ 13,407 S.B. of Polygraph Examiners $ 6,319 $ 23,625 G.B. of Examiners of Licensed Practical Nurses $ 48,420 $ 425,737 G.B. of Private Detective and Security Agencies $ 11,720 $ 274,618 S.B. of Examiners of Psychologists $ 13,191 $ 56,724 S.B. of Recreation Examiners $ 5,270 $ 22,342 G.B. of Registered Professional Sanitarians $ 3,795 $ 17,739 S.B. of Examiners for Speech Pathology and Audiology $ 5,375 $ 20,648 S.B. of Registration for Used Car Dealers $ 13,510 $ 131,681 S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers $ 8,305 $ 30,652 S.B. of Veterinary Medicine $ 39,615 $ 97,115 S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis $ 6,160 $ 101,427 Undistributed $ 0 $ 0 Total $ 1,078,396 $ 6,348,862

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B. Budget Unit: Real Estate Commission $ 1,229,962 Real Estate Commission Budget: Personal Services $ 722,462 Regular Operating Expenses $ 108,500 Travel $ 13,000 Motor Vehicle Purchases $ 16,000 Publications and Printing $ 26,000 Equipment Purchases $ 8,000 Computer Charges $ 178,500 Real Estate Rentals $ 50,500 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 90,000 Total Funds Budgeted $ 1,229,962 State Funds Budgeted $ 1,229,962

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Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,229,962 $ 1,224,977 Section 41. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission $ 17,869,087 Administration Budget: Personal Services $ 3,073,134 Regular Operating Expenses $ 203,180 Travel $ 55,800 Motor Vehicle Purchases $ 0 Publications and Printing $ 102,000 Equipment Purchases $ 25,800 Computer Charges $ 257,220 Telecommunications $ 111,900 Per Diem, Fees and Contracts $ 48,469 Payment of Interest and Fees $ 381,000 Guaranteed Educational Loans $ 3,325,000 Tuition Equalization Grants $ 11,467,500 Student Incentive Grants $ 4,790,500 Law Enforcement Personnel Dependents' Grants $ 39,016 North Georgia College ROTC Grants $ 116,000 Osteopathic Medical Loans $ 173,711 Georgia Military Scholarship Grants $ 200,360 Academic Scholarships $ 0 Total Funds Budgeted $ 24,370,590 State Funds Budgeted $ 17,869,087 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 3,877,503 $ 0 Higher Education Assistance Corporation $ 381,000 $ 286,000 Georgia Student Finance Authority $ 20,112,087 $ 17,583,087 Total $ 24,370,590 $ 17,869,087

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Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 971,998 Soil and Water Conservation Budget: Personal Services $ 663,061 Regular Operating Expenses $ 49,260 Travel $ 48,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 21,340 Equipment Purchases $ 10,960 Computer Charges $ 2,000 Real Estate Rentals $ 32,747 Telecommunications $ 18,120 Per Diem, Fees and Contracts $ 126,010 Total Funds Budgeted $ 971,998 State Funds Budgeted $ 971,998 Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,130,000 Departmental Operations Budget: Personal Services $ 2,272,877 Regular Operating Expenses $ 72,000 Travel $ 25,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 54,000 Equipment Purchases $ 17,995 Computer Charges $ 730,000 Real Estate Rentals $ 186,000 Telecommunications $ 57,000 Per Diem, Fees and Contracts $ 279,000 Postage $ 88,000 Cost-of-Living Increases for Local Retirement System Members $ 1,950,000 Floor Fund for Local Retirement Systems $ 1,180,000 Total Funds Budgeted $ 6,911,872 State Funds Budgeted $ 3,130,000

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Section 44. Department of Transportation. Budget Unit: Department of Transportation $ 453,188,545 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 172,969,475 Regular Operating Expenses $ 47,910,319 Travel $ 1,461,200 Motor Vehicle Purchases $ 1,001,500 Publications and Printing $ 855,800 Equipment Purchases $ 2,969,120 Computer Charges $ 2,458,041 Real Estate Rentals $ 1,082,103 Telecommunications $ 1,774,400 Per Diem, Fees and Contracts $ 13,206,023 Capital Outlay $ 572,214,144 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,270,000 Capital Outlay - Airport Development $ 1,323,000 Mass Transit Grants $ 7,426,563 Savannah Harbor Maintenance Payments $ 630,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 5,570,000 Total Funds Budgeted $ 852,755,701 State Funds Budgeted $ 453,188,545

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Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 588,648,462 $ 217,080,829 Maintenance and Betterments $ 196,937,510 $ 189,265,029 Facilities and Equipment $ 4,663,200 $ 4,000,000 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 16,937,129 $ 16,337,129 Undistributed $ 0 $ 0 Total $ 816,503,314 $ 436,000,000 General Funds Budget Total Funds State Funds Grants to Municipalities $ 9,317,000 $ 9,317,000 Paving at State and Local Schools and State Institutions $ 750,000 $ 0 Paving at State Parks and Historic Sites $ 500,000 $ 0 Air Transportation $ 1,802,833 $ 1,322,833 Inter-Modal Transfer Facilities $ 16,482,554 $ 4,718,712 Harbor Maintenance Projects $ 6,200,000 $ 630,000 Savannah Harbor Widening $ 1,200,000 $ 1,200,000 Total $ 36,252,387 $ 17,188,545

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Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 16,141,024 Departmental Operations Budget: Personal Services $ 3,924,485 Regular Operating Expenses $ 45,000 Travel $ 82,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 101,800 Computer Charges $ 0 Real Estate Rentals $ 200,671 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 12,000 Capital Outlay $ 150,000 Postage $ 33,000 Central State Hospital Payments $ 9,304,653 Medical College Payments $ 5,049,258 Projects and Insurance Expense $ 314,000 Total Funds Budgeted $ 19,296,867 State Funds Budgeted $ 16,141,024 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,541,156 $ 4,318,313 Veterans Home and Nursing Facility at Milledgeville $ 9,590,653 $ 7,773,653 Veterans Nursing Home at Augusta $ 5,165,058 $ 4,049,058 Total $ 19,296,867 $ 16,141,024 Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 6,099,356 Operations Budget: Personal Services $ 4,819,246 Regular Operating Expenses $ 95,333 Travel $ 58,600 Motor Vehicle Purchases $ 0 Publications and Printing $ 58,000 Equipment Purchases $ 35,210 Computer Charges $ 230,000 Real Estate Rentals $ 511,000 Telecommunications $ 87,667 Per Diem, Fees and Contracts $ 159,300 Postage $ 80,000 Total Funds Budgeted $ 6,134,356 State Funds Budgeted $ 6,099,356

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Workers' Compensation Functional Budgets Total Funds State Funds Administration $ 5,557,492 $ 5,522,492 Vocational Rehabilitation $ 576,864 $ 576,864 Total $ 6,134,356 $ 6,099,356 Section 47. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 257,516,432 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 39,628,900 Section 48. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of

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Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. Section 49. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court. Section 50. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $10,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College. Section 51. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

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Section 52. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 53. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council. Section 54. Provisions Relative to Section 13, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service: General Services $ 577,217 Data Processing Service $ 35,110,664 Motor Vehicle Services $ 2,489,048 Communication Services $ 29,588,052 Printing Services $ 5,349,250 The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services. The Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies. Section 55. Provisions Relative to Section 14, Department of Agriculture. From the appropriation in Section 14 (Department of Agriculture) relative to Regular Operating Expenses, $60,000 is designated

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and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for on-farm testing for brucellosis in cattle to be transported out of Georgia. The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers. The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable. No expenditure from the appropriation in Section 14 relating to Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets). Section 56. Provisions Relative to Section 19, State Board of Education - Department of Education. From the appropriation in Section 19 (State Board of Education - Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School. One hundred percent of the funds earned for special education either under the QBE formula or the hold harmless provision shall be used exclusively for special education programs. Any system which receives more funds for special education under QBE than would have been received under APEG calculation shall not receive any of the 90 percent hold harmless funds. Subject to the approval by the General Assembly, mid-term adjustments in special education shall be made on the basis of data deemed appropriate by the State Board of Education and verified by the Department of Education. Where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which

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such salary is paid shall bear the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary. Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state-funded full-day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allotments shall not exceed the actual cost of mid-day transportation by the local system. Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1987 on the basis of one-eighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1987 that it contributed during SFY 1986. Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grant to each system which serves under contract all of the students in one or more grade levels from an adjoining school system shall be the larger of the following two amounts: a. The equalization grant calculated as prescribed in Code Section 20-2-165 and reduced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of FTE student counts enrolled in the receiving system under the contract with the adjoining system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,156.52. In addition, all local

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school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Provided, that of the above appropriation relative to the QBE staff development, no funds may be used for the compensation of individuals receiving such staff development. Section 57. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by sixteen one-hundredths of one percent of salaries to fund one and one-half percent cost-of-living increases on July 1, 1986, and January 1, 1987. Section 58. Provisions Relative to Section 21, Forestry Commission. From the appropriation in Section 21 (Forestry Commission), $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance and $30,000 of the Ware County Grant is intended for the Southern Forest World. Section 59. Provisions Relative to Section 24, Office of the Governor. 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. Expenditures from this Fund shall be made in accordance with other provisions of State law and the Constitution. Not less than 95% of the appropriation in Section 24 (Office of the Governor) relative to Art Grants of State Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Georgia. Section 60. Provisions Relative to Section 26, Department of Human Resources. From the appropriation in Section 26 (Department of Human Resources), $150,000 is designated and committed to operate a

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hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 is designated and committed for the purchase of clotting factor for the hemophilia program. No State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 70% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 141 2 306 214 3 366 256 4 432 302 5 494 346 6 536 375 7 580 406 8 616 431 9 648 454 10 694 486 11 742 519 Provided, that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally. Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefit funds, not to exceed $300,000, in a pilot area of the State to

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purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise. From the appropriation in Section 26 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc. From the appropriation in Section 26, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for such disability cannot be obtained from other sources. The Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at Warm Springs Hospital. No dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the District Dental Clinics. From the appropriation in Section 26 (Department of Human Resources) relating to the Public HealthFamily Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for those persons qualifying who are not otherwise covered by any other private or public funded program and are determined to need support from the State. The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. The Department of Human Resources may transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDC- Institutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983.

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Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority given to programs which address the problem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years. From the appropriation in Section 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program. From the appropriation in Section 26 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care. From the appropriation in Section 26 (Department of Human Resources), $42,406 is designated and committed for a program of screening and treatment of diabetes in the Columbus area. Provided, that of the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency clothing allowance for teenage foster children not to exceed $300. Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such Centers without regard to the length of time such client has resided in such geographic catchment area if such otherwise eligible to receive services. It is the intent of this General Assembly that no money designated for Mental Retardation programs be used in any manner in connection with the statewide alcohol and drug treatment services plan. From the appropriation in Section 26 (Department of Human Resources) relating to Community Mental Helath Centers and

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Alcohol and Drug Regional Services, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis of contribution of said governments to the program. From the appropriation in Section 26 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $455, and the Department is directed to supplant State funds with patient collections to reduce the State cost of the program. The Department shall have flexibility in the Community Mental Retardation Residential Services to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent living situations for clients and that these residential services be available to clients residing in the community as well as those returning to their communities from institutions. The Department shall have flexibility in Supportive Living Benefits to contract with private home providers for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities. No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia. From the appropriation in Section 26 (Department of Human Resources) relating to the Georgia Mental Health Institute, $25,000 is designated and committed for the purpose of a shortterm training program in alcoholism and drug abuse. From the appropriation in Section 26 (Department of Human Resources) relating to the Georgia State Foster Grandparent and Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.

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Central State Hospital and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $125,000 each to the Department of Corrections to provide appropriate security coverage for inmate labor at these Hospitals. Provided, however, that the Georgia State Financing and Investment Commission is authorized and directed to utilize up to $462,000 in existing revenues to renovate Building 809 at Northwest Regional Hospital for a 20-bed long-term treatment unit for acute emotionally disturbed adolescents, and for reroofing projects. Provided, however, the Georgia Building Authority (Hospital) is authorized and directed to utilize up to $94,000 in existing revenues for reroofing projects at Southwestern and Atlanta Regional Hospitals. Provided, that any funds appropriated for Mental Health and Mental Retardation services by the Georgia General Assembly shall not be diverted through or managed by any sub-state organizational structure (not including a County Board of Health) but shall be allocated by the Department of Human Resources via direct grant-in-aid to the designated local Board of Health or by a contract with a private board. Section 61. Provisions Relative to Section 27, Department of Industry and Trade. From the appropriation in Section 27 (Department of Industry and Trade) relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers. To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues. Section 62. Provisions Relative to Section 29, Department of Labor. It is the intent of this General Assembly that all State agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or

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duplication of effort, and further, that the Office of Planning and Budget make a report to the appropriate legislative committees concerning the need to concentrate responsibility for all building inspections, including elevator and boiler inspections, in a single State agency. Section 63. Provisions Relative to Section 31, Department of Medical Assistance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health. The State Auditor shall report the instances of payments of penalties and disallowances in the Medicaid and AFDC programs. Provided, that of the appropriation in Section 31, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals. Section 64. Provisions Relative to Section 32, Merit System of Personnel Administration. The Department is authorized to assess no more than $131.44 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for health insurance for the last five months of State Fiscal Year 1987 shall not exceed three and seventy-five one hundredths percent (3.75%). Section 65. Provisions Relative to Section 33, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 33 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 33. From the appropriation in Section 33 (Department of Natural Resources) relative to Environmental Facilities Grants,

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$1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 33, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. It is the intent of this General Assembly that no portion of the above appropriation relating to Contract with Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds. Section 66. Provisions Relative to Section 17, Department of Corrections. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county. From the appropriation in Section 17 (Department of Corrections) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project. With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs. The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. The Board of Pardons and Paroles is authorized and directed to use agency funds to purchase and renovate the Labor Department facility in Gainesville, Georgia.

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Provided that the Department of Corrections is specifically prohibited from building a prison in Toombs County, and the Board of Corrections shall not authorize the use of funds for such purpose. Provided that the Department of Corrections is authorized to use existing funds for projects and maximum amounts shown: Georgia State Prison renovation - $13,400,000 Dodge Correctional Institutional dormitory - $3,200,000 Middle Georgia Correctional Institution cooler and storage facility - $2,080,000 Section 67. Provisions Relative to Section 35, Department of Public Safety. From the appropriation in Section 35 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report. To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 35, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants. For the purpose of purchasing police pursuit motor vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of police pursuit vehicles when such purchases are made by the State of Georgia or otherwise placed a part of a State of Georgia contract. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. The Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.

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The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites. Section 68. Provisions Relative to Section 38, Regents, University System of Georgia. 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 by any college or university from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. 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. The 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 38 (Regents, University System of Georgia) shall be utilized to provide 2 1/2% merit-type increases. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees. Provided, that from the appropriation for the Agricultural Experiment Station, $250,000 is designated and committed for

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a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the Tifton Experiment Station. Provided, that from the appropriation for the Cooperative Extension Service, $300,000 is designated and committed for a vegetable specialist at Statesboro, a weed specialist in row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer specialist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin. Section 69. Provisions Relative to Section 39, Department of Revenue. From the appropriation in Section 39 (Department of Revenue) relating to motor vehicle tag purchases, $4,050,001 is designated and committed for the sole purpose of contracting for the production of motor vehicle tags and may be used for partial, advance payment during tag production. Section 70. Provisions Relative to Section 41, Georgia Student Finance Commission. From the appropriation in Section 41 relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students. Designated Totals for Guaranteed Educational Loans (Cancellable Loans): A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000 B) Eligible members of the Georgia National Guard: Not to exceed $100,000 C) Teachers seeking special education training: Not to exceed $225,000 D) Students who are to become agricultural teachers: Not to exceed $30,000

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E) Students who are to become mathematics or science teachers: Not to exceed $300,000 The appropriation in Section 41 relative to Tuition Equalization Grants provides for payment of grants of $825 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sections 20-3- 410 through 20-3-416. Section 71. Provisions Relative to Section 44 Department of Transportation. In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. Grants to Counties for aid in county road construction and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation. Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget. Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 44 of this Bill.

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Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) amended (Code Sections 36-40-41 through 36-40-46), and shall be distributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter. Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Section 72. Provisions Relative to Section 34 Board of Postsecondary Education. None of the State funds appropriated in Section 34 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education. Section 73. In addition to all other appropriations for the State Fiscal Year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,525,000 for the purpose of providing operating funds for the State physical health laboratories ($125,000 Budget Unit A) and for State mental health/mental retardation institutions ($6,400,000 Budget Unit C) in the Department of Human Resources. The Office of Planning and Budget is hereby authorized to transfer funds from this

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section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 74. Appropriations to the object class Authority Lease Rentals shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 75. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 76. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.

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Section 77. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 78. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropriations Act. Section 79. 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. Section 80. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

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Section 81. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 82. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State 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 83. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1987 regular session, except as otherwise specified in this

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Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publication and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. Section 84. 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 Governor's Budget Report. For the Legislative Branch Budget, all transfers shall require prior approval of at least eight members of the Legislative Services

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Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 85. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 86. 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 Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 87. Delayed Hiring Factor by Department. Dept. of Administrative Services $ 2,200 Dept. of Corrections $1,564,000 Georgia Bureau of Investigation $ 29,400 Department of Human Resources - A $ 20,923 Dept. of Public Safety $ 585,000 Public Service Commission $ 2,140 Public Telecommunications Commission $ 18,415 Secretary of State $ 2,410 All Other Budget Units $ -0- Section 88. Employee Termination Fund $ 3,050,547 For transfer to the agencies of the Executive Branch of State Government by the Office of Planning and Budget for the payment of accrued annual leave and accrued compensatory time,

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together with payroll taxes and other assessments thereon, and for payments to the Employees' Retirement System as employer contributions associated with accrued sick and annual leave for which employees are receiving retirement credit; provided that no funds whatsoever shall be transferred to any activity in the Motor Fuel Tax Budget of the Department of Transportation, nor to any budget unit of the University System of the Board of Regents, except the Georgia Public Telecommunications Commission. Section 89. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,350,000 is specifically appropriated for the purpose of financing a hotel, conference center and related facilities for the Stone Mountain Memorial Association by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,300,000 is specifically appropriated for the purpose of financing a prison for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,438,000 is specifically appropriated for the purpose of financing incarceration facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

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enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,450,000 is specifically appropriated for the purpose of financing research and teaching facilities for the Board of Regents by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund; $1,925,000 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,100,000 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $430,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Department of Natural Resources, for the project provided for in the Georgia Agricultural Exposition Authority Act and pursuant to O.C.G.A. Section 12-3-484, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $679,200 is specifically appropriated for the purpose of financing design and construction of parking facilities in Atlanta, Georgia, for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $882,000 is specifically appropriated for the purpose of financing the purchase and installation of computer and related equipment for the Georgia Bureau of Investigation for the Georgia Crime Information Center by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,104,000 is specifically appropriated for the purpose of financing a water park and tennis facilities for the Jekyll Island State

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Parks Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $165,500 is specifically appropriated for the purpose of financing a cattle farm for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $18,576,000 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $77,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,680,000 is specifically appropriated for the purpose of financing the expansion of the Central Energy Facility at the State Capitol for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000

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in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,415,600 is specifically appropriated for the purpose of financing a program of improvement and development of State parks for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,122,600 is specifically appropriated for the purpose of financing public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 90. Provision Relative to Section 16 Department of Community Affairs. The World Congress Center shall manage and operate the facility for which a grant of $8,228,000 is herein appropriated under a contract with the City of Dalton and the County of Whitfield for a period of not in excess of two years from the completion date of the project, and any period of time for such operation less than two years shall be jointly agreed upon by the World Congress Center, on the one hand, and the City of Dalton and the County of Whitfield, on the other hand. All costs

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arising from the operation of the contract shall be assumed by the City of Dalton. Section 91. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1987 $ 5,412,225,000 Section 92. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 93. All laws and parts of laws in conflict with this Act are repealed. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved February 24, 1987.

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EMPLOYMENT SECURITY LAW ADMINISTRATIVE ASSESSMENT UPON WAGES; EXCEPTIONS; RATES. Code Sections 34-8-110 through 34-8-115 Enacted. Code Sections 34-8-121 and 34-8-122 Amended. No. 87 (House Bill No. 11). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for a period of five years an administrative assessment on wages of certain employers; to provide for a method of payment and collection of assessments; to provide for rules of the Commissioner of Labor; to provide for initial assessments of employers; to provide for payment of assessments into the state treasury by the Commissioner; to authorize appropriation of corresponding amounts by the General Assembly; to grant administrative powers and authority to the Commissioner corresponding to those granted under the Employment Security Law; to provide a reduction in rates of certain employment security contributions for five years; to provide that this Act shall not be severable; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by inserting immediately following Article 4 a new article, to be designated Article 4A, to read as follows: ARTICLE 4A 34-8-110. (a) There is created an administrative assessment of.06 percent to be assessed upon all wages, as defined in Code Section 34-8-51, except wages of the following employers: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section

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34-8-123 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, after application of the State-wide Reserve Ratio, as provided in subsection (i) of Code Section 34-8-122, have been assigned a rate of.06 percent or a rate of 8.64 percent. (b) Assessments under this Code section shall become due and shall be paid by each employer and must be reported on the employer's quarterly tax and wage report according to such rules as the Commissioner may prescribe and shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful. 34-8-111. In addition to the rate paid under Code Section 34-8-121, each new or newly covered employer shall pay an administrative assessment of.06 percent of wages payable by him with respect to employment during each calendar year until he is eligible for a rate calculation based on his experience as defined in this chapter, except as provided in Code Section 34-8-123. 34-8-112. (a) The Commissioner is authorized to collect the administrative assessment as provided in Code Section 34-8-110 and to deposit the funds in the clearing account which is a portion of the Unemployment Compensation Fund created by Code Section 34-8-100; provided, however, that such funds shall not be considered as part of the Unemployment Compensation Fund and shall not be deposited with the Secretary of the Treasury of the United States. He is further authorized to transfer the funds from that account to the state treasury. (b) There is authorized to be appropriated by the General Assembly to the Commissioner all funds collected and deposited in the state treasury under this article, which shall be payable by warrant of the Fiscal Division of the Department of Administrative Services upon requisition of the Commissioner. 34-8-113. The Commissioner may promulgate such rules and regulations as are necessary to implement and effectuate this article.

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34-8-114. (a) Except as otherwise provided in this article and in the rules and regulations of the Commissioner promulgated pursuant to this article, the provisions of this article shall be administered in accordance with corresponding provisions for the administration of this chapter and shall be subject to the same calculations, assessments, method of payment, penalties, interest, costs, and collection procedures. In the administration of this article and the collection of the administrative assessment created by this article, the Commissioner is granted the same authority as he possesses under this chapter including, but not limited to, the collection of payments, the imposition of interest, penalties, and costs; injunctive relief as prescribed in Code Section 34-8-126; and all other rights, authority, and prerogatives granted the Commissioner under this chapter for the administration of this chapter. (b) The rights, authority, and prerogatives created under this article shall not in any manner diminish the other rights, authority, and prerogatives of the Commissioner with respect to the administration of this chapter. 34-8-115. This article shall become effective on April 1, 1987, and shall stand repealed in its entirety on March 31, 1992. Section 2. Said chapter is further amended by striking in its entirety Code Section 34-8-121, relating to rates of contributions for new or newly covered employers, and inserting in its place a new Code Section 34-8-121 to read as follows: 34-8-121. (a) For periods prior to April 1, 1987, or after March 31, 1992, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by him with respect to employment during each calendar year until he is eligible for a rate calculation based on his experience as defined in this chapter, except as provided in Code Section 34-8-123. (b) For periods on or after April 1, 1987, but on or before March 31, 1992, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by him with respect to employment during each calendar

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year until he is eligible for a rate calculation based on his experience as defined in this chapter, except as provided in Code Section 34-8-123. Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-8-122, relating to determinations of rates of employer contributions, and inserting in its place a new subsection (f) to read as follows: (f) No employer's rate shall be reduced below the percentage specified in Code Section 34-8-121 for any calendar year, except as provided in this Code section, unless and until his account could have been chargeable with benefit payments throughout the 36 consecutive calendar months ending on the computation date for that calendar year, except that for the calendar year 1955 and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than the percentage specified in Code Section 34-8-121 if his account could have been chargeable with benefit payments throughout a lesser period, but in no event less than the four consecutive calendar quarters ending on the computation date for that calendar year. Section 4. Said chapter is further amended by striking in its entirety the introductory language of subsection (h) of Code Section 34-8-122, relating to determinations of rates of employer contributions, and inserting in its place new introductory language of subsection (h) to read as follows: (h) For the periods prior to April 1, 1987, or after March 31, 1992, variations from the standard rate of contributions shall be determined in accordance with the following requirements:. Section 5. Said chapter is further amended by inserting immediately following subsection (h) of Code Section 34-8-122, relating to determinations of rates of employer contributions, a new subsection, to be designated subsection (h.1), to read as follows: (h.1) For the periods on or after April 1, 1987, but on or before March 31, 1992, variations from the standard rate

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of contributions shall be determined in accordance with the following requirements: (1) If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date exceeds the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such excess by his average annual payroll and applying the resulting percentage to the following rate table as shown: RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But is Less Than The Contribution Rate is (Percent) 0.00 0.86 2.125 0.86 1.17 2.043 1.17 1.48 1.962 1.48 1.79 1.881 1.79 2.10 1.800 2.10 2.41 1.725 2.41 2.72 1.643 2.72 3.04 1.562 3.04 3.35 1.481 3.35 3.65 1.400 3.65 3.97 1.325 3.97 4.29 1.243 4.29 4.60 1.162 4.60 4.91 1.081 4.91 5.22 1.000 5.22 5.53 0.925 5.53 5.84 0.843 5.84 6.15 0.762 6.15 6.47 0.681 6.47 6.77 0.600 6.77 7.08 0.525 7.08 7.40 0.443 7.40 7.71 0.362 7.71 8.02 0.281 8.02 8.33 0.200 8.33 8.64 0.125 8.64 8.95 0.043 8.95 and over 0.04

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(2) If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such deficit by his average annual payroll and applying the resulting percentage to the following rate table as shown: RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But is Less Than The Contribution Rate is (Percent) 0.0 0.5 2.16 0.5 1.5 2.36 1.5 2.5 2.56 2.5 3.5 2.76 3.5 4.5 2.96 4.5 5.5 3.16 5.5 6.5 3.36 6.5 7.5 3.56 7.5 8.5 3.76 8.5 9.5 3.96 9.5 10.5 4.16 10.5 11.5 4.36 11.5 12.5 4.56 12.5 13.5 4.76 13.5 14.5 4.96 14.5 15.5 5.16 15.5 and over 5.4

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Section 6. In the event any Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall affect the remaining portions of this Act, which remaining portions shall be invalid, void, and of no effect as of the effective date of such declaration or judgment. The General Assembly declares that it would not have enacted the remaining parts of this Act if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved February 27, 1987.

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RETIREMENT AND PENSIONS CODE REVISION; CORRECTION OF GRAMMATICAL, TYPOGRAPHICAL, STYLISTIC, AND OTHER ERRORS AND OMMISSIONS. Code Title 47 Amended. No. 114 (House Bill No. 279). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct grammatical, typographical, stylistic, and other errors and ommissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization, spelling, and punctuation; to correct references to renamed or redesignated persons, retirement or pension systems, courts, or other entities; to change the provisions relating to the powers of retirement, pension, or emeritus systems or funds with regard to agents employed to act as custodians of assets or as investment advisors; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking Joint Municipal Employees Retirement System and inserting in lieu thereof Joint Municipal Employees Benefit System each place such term appears in subsection (d) and by inserting a comma following the words The receipts of the local retirement system in paragraph (1) of subsection (f) of Code Section 47-1-3, relating to powers of a local retirement system to obtain the services of an actuary, actuarial investigations, and annual reports. (2) By striking Code Section 47-1-7, relating to powers of retirement, pension, or emeritus systems or funds with regard

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to agents employed to act as custodians of assets or as investment advisors, and inserting in lieu thereof a new Code Section 47-1-7 to read as follows: 47-1-7. The board of trustees or other person or body having the power to manage, invest, and reinvest the assets of any retirement, pension, or emeritus system or fund created under the laws of this state may authorize any agent, including a bank or trust company, employed to act as custodian of such assets or to act as an investment advisor and to make investments for such retirement, pension, or emeritus system or fund, provided that such agent has a nominee or nominees in whose name securities, including, without limitation, bonds, stocks, notes, and other evidence of title to intangible personal property, held by the agent may be registered, to register securities which are held under the terms of such agency in the name of the nominee or nominees, without mention of the agency relationship in the instrument evidencing such securities or on the books of the issuing entity. The records of such agent shall at all times clearly show that such securities are held in such agency capacity and shall indicate the beneficial owner of the securities. Such agent shall not be relieved of liability for the safe custody, control, and proper distribution of such securities or the income therefrom by reason of the registration of those securities in the name of any nominee. The authorization of any such agent to register securities in the name of such nominees shall be in writing and may contain such other restrictions as the board of trustees or other person or body charged with the management and investment of the assets of any such retirement, pension, or emeritus system or fund may deem appropriate. (3) By striking used as charitable service and inserting in lieu thereof used as creditable service in subsection (a) of Code Section 47-1-9, relating to the crediting of time toward the Georgia Legislative Retirement System and restrictions on the use of General Assembly service as creditable service for other retirement systems. (4) By striking any of agricultural commodity commissions and inserting in lieu thereof any of the agricultural commodity commissions in the last sentence of subsection (b) of

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Code Section 47-2-312, relating to a merit system of personnel administration for employees of the Georgia agricultural commodity commissions. (5) By striking take oath of office and inserting in lieu thereof take an oath of office in the first sentence of subsection (d) and by striking one member from the Georgia Association of Educational Leaders and inserting in lieu thereof one member shall be from the Georgia Association of Educational Leaders in the second sentence of paragraph (1) of subsection (g) of Code Section 47-3-21, relating to creation and membership of the Board of Trustees of the Teachers Retirement System of Georgia. (6) By striking Code Section 47-3-48, relating to certification to employers of normal and accrued liability contribution rates under the Teachers Retirement System of Georgia, and inserting in lieu thereof a new Code Section 47-3-48 to read as follows: 47-3-48. Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the normal and accrued contribution rates, as determined on the basis of the last annual actuarial valuation, shall be certified by the board of trustees to each employer having members in its employ. Each such employer other than the state shall include in its budget filed with the State School Superintendent amounts equal to the prospective contributions on account of contributing members in its employ for the ensuing year. The Board of Regents of the University System of Georgia in its estimates of the funds necessary for the operation of its respective units, which estimates are submitted to the Governor and General Assembly, shall include a request for an appropriation payable to the board of trustees in an amount equal to the portion of the normal and accrued liability contributions payable from funds of the Board of Regents of the University System of Georgia or from other state funds and for an additional amount as expense for the operation of the retirement system. The General Assembly shall make appropriations to the board of trustees sufficient to provide for such contributions as a part of the earnable compensation of members payable from such funds and for the necessary expenses of carrying out this chapter.

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(7) By striking subsection (d) of Code Section 47-6-60, relating to employee contributions to the Georgia Legislative Retirement System, and inserting in lieu thereof a new subsection (d) to read as follows: (d) From and after January 12, 1981, the employer shall pay to the system on each and every payroll period employee contributions and group term life insurance contributions on behalf of and to the credit of members in an amount equal to the amount which would be paid pursuant to Code Section 47-2-54 if the member were a member of the Employees' Retirement System of Georgia. Such members shall have the additional amount of employee contributions required by this chapter deducted by the legislative fiscal officer from their monthly salary. (8) By inserting (a) preceding the first sentence of Code Section 47-8-43, relating to payments by superior court judges to the Superior Court Judges Retirement Fund of Georgia, and by striking the age of 68 years of two-thirds the salary and inserting in lieu thereof the age of 68 years at two-thirds the salary in paragraph (2) of the material designated as subsection (a) of said Code section by this Act. (9) By striking justice courts, police courts, mayor's courts, municipal courts, small claims courts, and inserting in lieu thereof magistrate courts, municipal courts, in paragraph (6) of Code Section 47-10-3, relating to definitions relative to the Trial Judges and Solicitors Retirement Fund. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 2, 1987.

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URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES (400,000 OR MORE). Code Title 36, Chapter 41 Amended. No. 117 (Senate Bill No. 83). AN ACT To amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the Urban Residential Finance Authorities Act for Large Municipalities (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions; to change the provisions relating to powers of the authorities; to change the provisions relating to loans to qualified housing sponsors or eligible households; to change the provisions relating to the purchase of mortgages or security interests; to change the provisions relating to the procedure for issuance and the form of an authority's bonds; to change the provisions relating to the pledge of assets for the payment of bonds; to change the provisions relating to the sources for the payment of bonds or other obligations of an authority; to change the provisions relating to tax exemptions of the authority; 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. Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the Urban Residental Finance Authorities Act for Large Municipalities (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), is amended by striking paragraphs (3), (6), (7), (8), and (9) of Code Section 36-41-3, relating to definitions, in their entirety and substituting in lieu thereof, respectively, new paragraphs (3), (6), (7), (8), and (9) to read as follows: (3) `Eligible household' means any household which does not have sufficient income to afford to pay the amounts

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at which private enterprise, without federally aided, state aided, or authority aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and which satisfies the income limitations set by each authority in administrative guidelines and procedures established pursuant to subsection (c) of Code Section 36-41-5. (6) `Household' shall have that meaning specified by the United States Bureau of the Census in its 1980 census. (7) `Income' shall have that meaning specified by the United States Bureau of the Census in its 1980 census. (8) `Lending institution' means any bank or trust company, savings and loan association, building and loan association, savings bank, insurance company, mortgage banker, mortgage broker, or other financial institution, any governmental agency, or any holding company for any of the foregoing. Such lending institution shall have a place of business in this state and shall be authorized to do business in this state. (9) `Median household income' shall have that meaning used in the United States decennial census for the Metropolitan Statistical Area of the particular municipality activating the particular authority as adjusted from time to time by the United States Department of Housing and Urban Development. Section 2. Said chapter is further amended by striking paragraphs (8), (12), and (13) of subsection (a) of Code Section 36-41-5, relating to the powers of an authority, in their entirety and substituting in lieu thereof, respectively, new paragraphs (8), (12), and (13) to read as follows: (8) To make loans pursuant to Code Section 36-41-6 for the financing, acquisition, or rehabilitation of residential housing, the repayment of which is secured by mortgages or security interests or other assets and funds of the authority or other security devices determined to be satisfactory by the authority; to participate in the making of loans secured by mortgages or security interests or other security devices determined to be satisfactory by the authority; to undertake

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commitments to make loans secured by mortgages or security interests or other security devices determined to be satisfactory by the authority; to acquire and, pursuant to Code Section 36-41-7, to contract to acquire mortgages or security interests or participations therein, owned by lending institutions, the Federal National Mortgage Association, or any federal or state agency; and to enter into advance commitments to such organizations for the purchase of such mortgages or security interests or participations; (12) To accept gifts, grants, loans, or other aid from the federal government, the state or any county or municipality within the state or any persons or corporations and to agree and comply with any conditions attached to such financial assistance; (13) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of bond principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United

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States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan associations which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct or general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee

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agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; Section 3. Said chapter is further amended by striking paragraphs (17) and (18) of subsection (a) of Code Section 36-41-5, relating to the powers of an authority, in their entirety and substituting in lieu thereof new paragraphs (17) through (21) to read as follows: (17) To make loans pursuant to Code Section 36-41-6 to finance the construction of residential housing; (18) To engage in and assist in the development and operation of low and moderate income housing pursuant to Code Section 8-3-30; (19) To participate in or administer federal programs for the issuance of mortgage credit and to do all things necessary or convenient to qualify as an issuer of mortgage credit certificates; (20) To participate in or administer or participate in and administer any federal, state, county, or municipal program designed to assist in lowering the cost of housing for eligible households; and (21) To provide financing for housing projects, without regard to targeting for eligible households, which encourages the development of housing in accordance with the comprehensive

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development plan of the municipality activating the authority. Section 4. Said chapter is further amended by striking subsections (c) and (d) of Code Section 36-41-5, relating to the powers of an authority, in their entirety and substituting in lieu thereof new subsections (c) and (d) to read as follows: (c) Each authority shall establish administrative guidelines as to income limitations for eligible households for the purposes of paragraph (3) of Code Section 36-41-3 by taking into account the following considerations, among others determined by the authority to be appropriate: (1) The size of the family or number of persons who intend to reside together; (2) The conditions and costs of obtaining and maintaining existing and available housing within the geographic boundaries of the municipality activating the authority; (3) The costs of obtaining and maintaining newly constructed or rehabilitated housing within the geographic boundaries of the municipality activating the authority, including considerations of the total rehabilitation 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; and (4) The age or physical condition of the persons who intend to reside in the residential housing. (d) The administrative guidelines established by each authority pursuant to subsection (c) of this Code section may differ in order to reflect the varying tenant composition and economic and housing conditions within the jurisdiction of each authority. Section 5. Said chapter is further amended by striking paragraphs (3) through (7) of subsection (b) of Code Section 36-41-6, relating to loans to qualified housing sponsors or eligible

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households, in their entirety and substituting in lieu thereof new paragraphs (3) through (7) to read as follows: (3) The authority may require that such loans 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 may consist of: (A) Obligations for the payment of money by or guaranteed by the United States of America; (B) Obligations for the payment of money by any of the following: the Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Home Loan Bank System, the Export-Import Bank, the Federal Land Banks, the Federal National Mortgage Association, or the Government National Mortgage Association; (C) Obligations for the payment of money by the state or any municipal corporation 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; (E) Conventional mortgages approved by the authority; or (F) Any other security determined by the authority to protect the interests of the authority and the bond-holders. (4) The authority may require that collateral for such 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 and if required by the authority, each lending institution shall enter into an

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agreement with the authority containing such provisions as the authority shall deem necessary to: (A) Identify adequately 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 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 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 commitments to make and, within such period thereafter as the authority may prescribe by regulation, shall have disbursed the net loan proceeds in mortgage loans on residential housing in an aggregate principal amount equal to the net amount of such loan proceeds. Such mortgage loans shall have such terms and conditions as the authority may prescribe. (6) The authority shall require each lending institution to which the authority has made a loan to submit evidence satisfactory to the authority of the making of new mortgage loans for residential housing as required by this Code section and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution. (7) Compliance by any lending institution with the terms of its agreement with or undertaking to the authority with respect to the making of mortgage loans for residential housing may be enforced by the decree of any court of competent jurisdiction.

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Section 6. Said chapter is further amended by striking subsection (c) of Code Section 36-41-6, relating to loans to qualified housing sponsors or eligible households, and inserting in its place a new subsection (c) to read as follows: (c) Notwithstanding any other provision of this chapter, each authority may finance residential housing under any provision of this chapter for occupancy by persons who, by virtue of age, physical condition, or other appropriate factors, are determined by the authority to require the assistance provided by such authority under this chapter, without regard to personal or family income. Section 7. Said chapter is further amended by striking subsections (d) through (i) of Code Section 36-41-7, relating to the purchase of mortgages or security interests, in their entirety and substituting in lieu thereof new subsections (d) through (h) to read as follows: (d) Subject to the rights of bondholders, the authority shall fix the amount of the fee to be paid a servicing agent, in such amount as shall reasonably compensate the servicing agent for performing such services. The amount of such fee may be deductible from any interest payable and collected under the mortgage or security interest. (e) The authority may make commitments to lending institutions to purchase a mortgage or security interest or participation therein prior to the date of its execution, and a mortgage which is made by a lending institution under a prior commitment from the authority to purchase the mortgage or security interest or a participation therein shall satisfy the requirement to reinvest the proceeds from the sale as quickly as possible in mortgage loans for residential housing. The authority shall establish such fees as are necessary to reimburse the authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or security interests or participations therein. (f) The authority may require as a condition of a purchase of any mortgage or security interest from a lending institution that the lending institution represent and warrant to the authority any or all of the following:

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(1) The unpaid principal balance and the interest rate thereon have been accurately stated to the authority and that the interest rate and all service charges in connection therewith are not usurious under the laws of the state; (2) The amount of the unpaid principal balance is legally and validly due and owing; (3) The lending institution has no notice of the existence of any counterclaim, offset, or defense asserted by the mortgagor or his successor in interest; (4) Necessary documents have been properly recorded in the county in which the real estate lies; (5) The mortgage or security interest constitutes a valid lien on the property described in the mortgage or security interest, subject only to such matters which do not adversely affect to a material degree the use or value of the property; (6) The loan when made was lawful under the laws of the state or under federal law or both, whichever governed the making of the loan, and would be lawful on the date of purchase by the authority if made by the lending institution on that date in the amount of the unpaid principal balance; (7) The mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes, or otherwise in the performance of the mortgagor's obligations under the mortgage or security interest and has not, to the knowledge of the lending institution, been in default in the performance of any such obligation for a period of longer than 60 days; (8) The mortgage or security interest requires that the property described therein be covered by a valid and subsisting policy of insurance issued by a responsible insurance company legally licensed and authorized to conduct and transact business in the state and providing

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fire and extended coverage to an amount not less than 80 percent of the insurable value of the property or in the amount of the mortgage or security interest, whichever the authority may determine; (9) The insurance coverage referred to in paragraph (8) of this subsection is in full force and effect; and (10) Subject to subsection (e) of this Code section, moneys received from the authority will be utilized for the financing, acquisition, or rehabilitation of residential housing within the geographic boundaries of the municipality activating the authority, and that certification by the lending institution to the effect that moneys have been reloaned as set forth in this chapter will be filed with the authority pursuant to the rules of the authority and will be available to the members of the public and to members of the General Assembly. (g) Each lending institution shall be liable to the authority for any damages suffered by the authority by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made or in the event of any breach of warranty, the lending institution shall, at the option of the authority, repurchase the mortgage or security interest or participation for the original purchase price adjusted for amounts subsequently paid thereon, as the authority may determine. (h) The authority may require the recording of an assignment of any mortgage purchased by it from a lending institution. Section 8. Said chapter is further amended by striking Code Section 36-41-8, relating to the procedure for issuance and the form of an authority's bonds, in its entirety and substituting in lieu thereof a new Code Section 36-41-8 to read as follows: 36-41-8. (a) Each authority shall have the power and is authorized, at one time or from time to time, to issue its revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds

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for achieving the corporate purposes thereof, including the making and purchasing of loans for the acquisition, financing, construction, and rehabilitation of residential housing as provided in this chapter; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (b) The authority may retain the services of a qualified, independent financial advisor. The financial advisor shall not in any manner be involved in the underwriting of the revenue bonds or in the origination, sale, or servicing of mortgage loans for residential housing and shall serve only to advise the authority. (c) The bonds of each issue shall be dated; shall bear interest at such rate or rates as shall be set by the authority (which may include the use of any formula or market pricing mechanism determined by the authority to be reasonable), without limitation by any existing law of the state, payable at such times as the authority may determine; shall mature at such time or times as the authority may determine; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and, at the option of the authority, may be made redeemable before maturity or exchangeable for other bonds of the same series at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution or financing documents providing for the issuance of such bonds or both redeemable and exchangeable. The bonds may be issued as serial bonds or as term bonds with or without mandatory sinking fund provisions or as a combination thereof. (d) The authority shall determine the form of the bonds, including any interest or principal 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 inside or outside the state. (e) All such bonds shall be executed in the name of the authority by the chairman or vice-chairman and secretary-treasurer

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of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the chairman or vice-chairman of the authority. The facsimile signature of both the chairman or vice-chairman and the secretary-treasurer of the authority may be imprinted in lieu of the manual signatures if the authority so directs, and the facsimile of the chairman's or vice-chairman's signature shall be used on such coupons. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. In addition to the foregoing, the bonds shall bear the manual or facsimile signature of the clerk of the superior court of each county wherein is located a municipality activating an authority. (f) The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The authority may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interest of the authority. (g) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. (h) Each authority is authorized to provide by resolution for the issue of refunding bonds of the authority for the purpose of refunding any bonds issued under this chapter and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same

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shall be governed by this chapter insofar as the same may be applicable. (i) If the authority so determines, the bonds may be issued pursuant to a trust indenture between the authority and a trustee, which trust indenture shall have such terms and provisions as may be determined by the authority. (j) Except as provided in this Code section, all revenue bonds issued by the authority under this chapter shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Chapter 82 of this title, except that, in lieu of specifying the maturities or the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the petition and complaint filed in the validation proceeding may state that the bonds, when issued, will mature no later than 40 years from their issuance and bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that, in the event that bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this subsection shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (k) In the event that no appeal is filed within the time prescribed by law or, if an appeal is filed, that the judgment is affirmed on appeal, the judgment of the superior court so confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive upon the validity of the bonds and the security therefor against the authority and all other persons. (l) The bonds are made securities in which all public officers and bodies of the state and all municipalities; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on

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a banking business; all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities for any purposes of which the deposit of the bonds or other obligations of the state is now or may hereafter be authorized. Section 9. Said chapter is further amended by striking Code Section 36-41-9, relating to the pledge of assets for payment of bonds, in its entirety and substituting in lieu thereof a new Code Section 36-41-9 to read as follows: 36-41-9. Each authority may pledge for the payment of its bonds such assets, funds, contract rights, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority shall be valid and binding from the time when the pledge is made. The moneys or properties so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded. Section 10. Said chapter is further amended by striking Code Section 36-41-10, relating to the sources for payment of bonds or other obligations of an authority, in its entirety and substituting in lieu thereof a new Code Section 36-41-10 to read as follows: 36-41-10. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the state or any county, municipality, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipality, or political subdivision. All such bonds and obligations

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shall be payable solely from the sources established for the payment thereof in the resolution or financing documents authorizing the issuance of such bonds; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipality, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or any such county, municipality, or political subdivision. Section 11. Said chapter is further amended by striking Code Section 36-41-11, relating to tax exemptions of the authority and its bonds and notes, in its entirety and substituting in lieu thereof a new Code Section 36-41-11 to read as follows: 36-41-11. As each authority will be performing essential governmental functions in the exercise of the powers conferred upon it by this chapter, the state covenants with the holders of the bonds of an authority that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of any facilities maintained or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority and that the bonds and notes of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided in this Code section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. No authority shall be required to pay any intangible tax on the recording of any mortgage held or granted by the authority. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1987.

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PUBLIC WORKS CONTRACTS IN COUNTIES OF 550,000 OR MORE LOWEST RESPONSIBLE BIDDER. Code Section 36-10-2.1 Amended. No. 118 (Senate Bill No. 81). AN ACT To amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected; to provide for factors that may be considered in such counties in determing whether a bidder is responsible; 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. Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, is amended by striking Code Section 36-10-2.1, relating to other factors to be considered in certain counties in determining the responsibility of a bidder, and inserting in its place a new Code section to read as follows: 36-10-2.1. In any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial

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responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1987. CITIES OF MORE THAN 300,000 TRAFFIC COURTS; SENIOR JUDGES. No. 119 (Senate Bill No. 82). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended by an Act approved March 30, 1977 (Ga. L. 1977, p. 1207), and an Act approved March 28, 1986 (Ga. L. 1986, p. 455), so as to create the position of sernior judge of any such court; to provide the qualifications for said position; to provide for the duties of such senior judges; to provide for the compensation of such senior judges; 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. An Act creating a system of traffic courts for each city of this state having a population of more than 300,000

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according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended by an Act approved March 30, 1977 (Ga. L. 1977, p. 1207), and an Act approved March 28, 1986 (Ga. L. 1986, p. 455), is amended by striking Section 11A thereof, relating to the office of senior judge of a city court, and inserting in its place a new Section 11A to read as follows: Section 11A. (a) The office of senior judge of a city court provided for by this Act is created. Any judge, chief judge, or associate judge of any such city court who retires pursuant to the provisions of applicable laws relating to such retirement shall be a senior judge on the effective date of such retirement. (b) Senior judges may be called upon to serve as judges of a city court when a regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as additional or substitute judge. Such senior judge shall have all the power and authority when so designated or assigned as a city court judge. Such senior judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice of a city court for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other employees of the city for such services. Said compensation and mileage shall be paid from city funds appropriated or otherwise available for the operation of the city court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1987.

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COUNTY BOARDS OF HEALTH CREATION BY ORDINANCE IN COUNTIES OF 550,000 OR MORE. Code Section 31-3-2.1 Amended. No. 120 (Senate Bill No. 86). AN ACT To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; to provide for the powers and duties of such counties and county boards of health in connection with health and sanitation services; to provide for rules and regulations and remedies for enforcement including penalties; to provide certain requirements relative to employees of such county boards and departments of health; to provide for sources of authority for this 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 . Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-2.1, relating to boards of health in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, and inserting in its place a new Code section to read as follows: 31-3-2.1. (a) This Code section shall apply only to those counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. To the extent that this Code section conflicts with or is inconsistent with other provisions of this chapter, the provisions of this Code section shall control within the counties in which this Code section is applicable.

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As used in this Code section, the word `county' means a county to which this Code section is applicable. (b) In lieu of the county board of health provided for by Code Section 31-3-2, each county shall be authorized to provide by ordinance duly adopted by the governing body of such county for the creation of a county board of health. A county electing to create its board of health by ordinance shall provide for a board of health of seven members. Four of such members shall consist of persons who shall be members of the board of health by virtue of their offices. Such members shall be the county superintendent of schools; the chairman or the elective chief executive officer of the governing authority of the county; the superintendent of schools of the largest, by population, independent school system located wholly or partially within the county; and the mayor of the largest municipality, by population, located wholly or partially within the county. The ordinance creating the county board of health may authorize such ex officio members to designate a person to serve in the place of such ex officio members, and a person so designated shall serve for a term concurrent with the term of office of the official who appointed such person, except that the appointing official may remove the person so appointed at any time and within the sole discretion of the appointing official. One of the remaining members shall be appointed by the governing authority of the county and one shall be appointed by the governing authority of the largest, by population, municipality located wholly or partially within the county. Such members so appointed shall not be members of the respective governing authorities making such appointment. The seventh member, who shall be a reputable physician preferably having a background in public health, shall be appointed by the grand jury of the county. The terms of office, method of filling vacancies, and any other matters not provided for by this subsection relative to the members of the board shall be provided for by the ordinance adopted pursuant to the authority of this Code section. (c) In counties which adopt an ordinance pursuant to this Code section: (1) The county board of health shall have supervision over all matters relating to health and sanitation within

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the county, with authority to declare and enforce quarantine therein subject to the provisions of law; (2) All of the power, authority, duties, and responsibilities of county boards of health in such counties, whether derived from this Code section or any other existing law, shall be exercised and discharged throughout the entire area of said county both inside and outside of the corporate limits of municipalities located in whole or in part therein; (3) The county attorney or law department of such county shall furnish whatever professional legal assistance may be needed by the county board of health or other authority for the enforcement of this Code section or other powers of the board of health by any of the means authorized by law; (4) The governing authority of the county shall be authorized to adopt a system of rules, regulations, and orders covering health and sanitation within the county, and such system of rules, regulations, and orders may be based on recommendations by the county board of health. Such rules, regulations, and orders when adopted shall be recorded on the minutes of the governing authority of such county, and a certified copy thereof shall be furnished to the department of public health of such county; (5) The certificate of attestation of the chairman or any other member of the county board of health shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper, or file or other matter or thing in the office of the chairman or other member or pertaining thereto to admit the same in evidence; and (6) The board of health shall not have authority to provide the rules, regulations, or orders to carry out its powers and duties but shall use rules, regulations, and orders adopted by the governing authority of the county and spread upon its minutes. The violation of any such rule, regulation, or order is declared to be a nuisance,

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per se, and shall be subject to be abated as a nuisance, or enjoined as such. The violation of any such rules, regulations, or order is declared to be a misdemeanor, and any person, firm, or corporation, upon conviction thereof in any court of competent jurisdiction, shall be punished as for a misdemeanor. (d) Effective July 1, 1987, the employees of a county board and county department of health subject to the provisions of this Code section shall be eligible to and shall participate in the State Employees' Health Insurance Plan provided for by Article 1 of Chapter 18 of Title 45, and each such employee shall be an `employee,' as defined by paragraph (2) of Code Section 45-18-1, for all purposes under said State Employees' Health Insurance Plan. Employee and employer contributions required for participation in the State Employees' Health Insurance Plan by such employees shall be based on state salaries paid to such employees or paid from state funds to the county for the purpose of paying the compensation of such employees, and salary supplements paid from county funds, as authorized by subsection (e) of this Code section, shall not be considered in the determination of such employee and employer contributions. Employer contributions required for the participation of such employees in the State Employees' Health Insurance Plan shall be paid from state funds in the same manner and to the same extent as employer contributions are paid from state funds for participation in such plan by employees of other county boards and departments of health. Employee contributions for such participation shall be withheld and paid as provided by regulations adopted for such purpose by the State Personnel Board. (e) The governing authority of a county subject to this Code section is authorized to supplement from county funds state compensation paid to employees of its county board or department of health or to supplement from county funds the amount received by county from state funds for the purposes of paying the compensation to such employees. (f) In addition to its general powers to enact laws not in conflict with the Constitution of Georgia and of the United States, this Code section is adopted pursuant to the authority

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of an amendment to the Constitution of Georgia as set forth in Georgia Laws 1951, pages 828-831 authorizing the General Assembly, by general, local, or special law, to determine and prescribe all the powers, responsibilities, and limitations of certain counties subject to this Code section with respect to health and sanitation. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1987. BOARDS OF COMMISSIONERS OF COUNTIES OF 550,000 OR MORE COMPENSATION. No. 121 (Senate Bill No. 84). AN ACT To amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved March 14, 1983 (Ga. L. 1983, p. 416), so as to change the provisions relating to the United States decennial census used for the population classifications of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved March 14, 1983 (Ga. L. 1983, p. 416), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The chairman of the board of commissioners of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be compensated in an amount not exceeding $17,000.00 per annum. Each of the other members of any such board of commissioners shall be compensated in an amount not exceeding $16,000.00 per annum. The compensation of the chairman and members of the board of commissioners of such counties shall be fixed within the limitations provided in this section by a budget providing for the amount of such compensation being adopted by such board of commissioners, but a change in compensation may not become effective until on or after the date the members of the board take office following a regular county election. The compensation provided for in this section shall be paid in equal monthly installments on the first day of each month out of the county treasury. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1987.

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CITIES OF NOT LESS THAN 400,000 CONTRACTS; DOWNTOWN DEVELOPMENT AREAS; URBAN REDEVELOPMENT AREAS. Code Section 36-30-3 Amended. No. 122 (Senate Bill No. 85). AN ACT To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, so as to permit municipal governing authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas; 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 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, is amended by striking subsection (c) thereof and inserting in its place a new subsection (c) to read as follows: (c) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census may on behalf of such municipal corporations enter into contracts with private or public entities which shall be binding on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial use which is located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3, and which is located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the `Urban Redevelopment Law.' Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1987. STATE AUTHORITIES DEPARTMENT OF ADMINISTRATIVE SERVICES; PROGRAM OF INSURANCE AND SELF-INSURANCE AGAINST LIABILITY. Code Section 50-5-16 Enacted. No. 123 (House Bill No. 662). AN ACT To amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Administrative Services, so as to provide for a program of insurance and self-insurance against liability for state authorities; to provide for the powers and duties of the commissioner of administrative services; to provide that no immunities are waived; to provide that the credit of the state is not pledged; to provide that no authority shall be liable for claims of another authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Administrative Services, is amended by adding at the end of said article a new Code section, to be designated Code Section 50-5-16, to read as follows: 50-5-16. (a) The commissioner of administrative services may establish a program of liability insurance and self-insurance for state authorities.

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(b) State funds may be appropriated for the program, but the commissioner shall charge such premiums and other payments as he determines necessary or useful. From the funds available to him, the commissioner shall establish such reserves as he determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. The commissioner shall invest any such moneys in the same manner as other moneys in the possession of the department and its fiscal division. (c) The commissioner may generally provide for insurance or self-insurance under such terms and conditions as he determines, and he may provide for particular coverages and other terms and conditions of the unique exposures particular to one or more authorities. The commissioner may provide for endorsements for contract liability and, where necessary or convenient to the public functions of an authority, he may also provide for additional insureds. (d) Where existing programs of insurance and self-insurance have been established among state authorities by contract, the commissioner may arrange with such authorities to replace the existing programs with such programs as he may establish. In doing so he may assume existing and potential liabilities of the established programs. To the extent that funds of the existing programs are not necessary for such purposes, the commissioner may agree to the refund of such funds. (e) Nothing in this Code section or in any related act of the commissioner or the participating authorities shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by the state or the state authorities, including without limitation defenses under the Eleventh Amendment of the Constitution of the United States, sovereign immunity, or any other legal or factual defense, privilege, or immunity which the state or a participating authority may enjoy or assert. The intent of this authorization is to provide for protection only in the absence of such defenses. (f) Similarly, nothing in this Code section or in any related act of the commissioner or participating authorities

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shall pledge or be deemed to pledge the credit of the state. No obligation shall arise beyond the limits of liability established by the commissioner or beyond such other terms and conditions as he may establish, and no obligation shall be imposed or created upon other funds of the state or upon other funds of the participating authorities. (g) Nothing in the program of insurance or self-insurance shall cause one authority to be liable for claims of another or otherwise expose the assets of one authority to claims of liability respecting another authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 5, 1987. MUNICIPAL CORPORATIONS GOVERNING AUTHORITIES; CALLING ELECTIONS IF ALL SEATS ARE VACANT. Code Section 36-30-13 Enacted. No. 160 (House Bill No. 184). AN ACT To amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal corporations, so as to provide for a method of calling an election in the event that all seats on a municipal governing authority are vacant; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal corporations, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-30-13, to read as follows: 36-30-13. Except as provided in subsection (g) of Code Section 21-4-12, in the event that all seats on the governing authority of a municipality are vacant, the election superintendent of the county in which the municipality is located shall have the authority to call for a special election to fill the vacant offices and to conduct, or to appoint a superintendent of elections for the municipality for the purpose of conducting, the special election. The board of registrars for the county shall prepare the electors list for the special election. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved March 6, 1987. GAME AND FISH LICENSE FEES; AMOUNT RETAINED BY LICENSE AGENTS; INTENT AS TO USE OF INCREASED REVENUES. Code Sections 27-1-4, 27-1-33, 27-2-2, and 27-2-23 Amended. No. 161 (Senate Bill No. 107). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the reference to fees charged for hunting and fishing in designated streams, lakes, or game management areas in Code Section 27-1-4; to increase the amount of license fees which may be retained by license agents; to delete the provision authorizing the commissioner

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to increase nonresident fees for residents of states which have increased fees; to change and increase the fees for licenses, permits, and stamps required for hunting, resident hunting/fishing, and freshwater fishing; to provide a statement of intent as to the use of increased revenues derived from these changes; 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. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (2) of Code Section 27-1-4, relating to powers and duties of the Board of Natural Resources, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Promulgation of all rules and regulations necessary for the administration of this title including, but not limited to, rules and regulations to regulate the times, places, numbers, species, sizes, manner, methods, ways, means, and devices of killing, taking, capturing, transporting, storing, selling, using, and consuming wildlife and to carry out this title, and rules and regulations requiring daily, season, or annual use permits for the privilege of hunting and fishing in designated streams, lakes, or game management areas; and Section 2. Said title is further amended by striking subsection (a) of Code Section 27-1-33, relating to noncompliance with laws while on fishing or wildlife management areas, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management

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area stamp as authorized by Code Section 27-2-23. Such stamp must be affixed to a valid hunting license and signed by the license holder. Section 3. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 27-2-2, relating to the issuance and sale of hunting, fishing, and trapping licenses, in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term `license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be either bonded license agents or cash license agents. (b) Each such bonded license agent shall: (1) Remit to the department a premium which shall entitle him to coverage under a blanket performance bond provided by the department; the premium shall be due and payable annually upon notice; (2) Account for all license sales and the cash from such sales in a monthly report to the department, which report shall be due no later than the tenth day of the month following the sale; (3) Account for all licenses issued to him whenever requested to do so by the department; (4) Send to the department copies of all licenses sold; (5) Receive for himself no more than 60 for each license issued, except for nonresident hunting licenses and nonresident big game licenses, for which the agent may receive $1.25 for each license issued; and (6) Return to the department all unsold licenses within 30 days after the expiration of such licenses.

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(c) Each cash license agent shall: (1) Remit to the department, in advance, the net cost of any licenses ordered for sale; (2) Account for all licenses issued to him whenever requested to do so by the department; (3) Send to the department copies of all licenses sold; (4) Receive for himself no more than 60 for each license issued, except for nonresident hunting licenses and nonresident big game licenses, for which the agent may receive $1.25 for each license issued; and (5) Return to the department all unsold licenses within 30 days after the expiration of such licenses. All unsold licenses returned will be credited by the department for new licenses or refunds will be made to the agent. Section 4. Said title is further amended by striking in their entirety the introductory language and paragraphs (1), (2), and (3) of Code Section 27-2-23, relating to license, permit, and stamp fees, and inserting, respectively, in lieu thereof new introductory language and paragraphs (1), (2), and (3) to read as follows: Fees for licenses, permits, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Season $ 8.50 (B) Nonresident hunting license Season 50.00 (C) Nonresident hunting license Seven-day 21.00 (D) Resident Archery license Season 6.50 (E) Nonresident archery license Season 21.00 (F) Resident big game license Season 7.50 (G) Nonresident big game license Season 100.00 (H) Nonresident shooting preserve hunting license Season 10.00 (2) Resident hunting/fishing license Season 15.50 (3) Fresh-water fishing licenses: (A) Resident fishing license Season 7.50 (B) Nonresident fishing license Season 20.00 (C) Nonresident fishing license Five-day 5.50 (D) Resident trout stamp Season 3.50 (E) Nonresident trout stamp Season 10.50.

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Section 5. Said title is further amended by adding at the end of Code Section 27-2-23, relating to license, permit, and stamp fees, a new paragraph (8) to read as follows: (8) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish in specially designated streams, lakes, or game management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph. Section 6. The General Assembly declares its intent to fund the acquisition of public wildlife management and fishing areas by and through the Department of Natural Resources with the increases and changes in hunting and fishing license fees provided in this Act. The General Assembly further recognizes the importance of wildlife related recreation and the need to provide greater opportunities for such recreation and public lands in the face of rapid woodland development and appropriation of existing wildlife habitat. The General Assembly further declares its intent to ensure that the funding provided by hunters and fishermen through the yearly payment of these license fee increases and changes will fund the acquisition of fish and wildlife habitat and public wildlife management and fishing areas. The General Assembly further declares its intent that a portion of the funds provided by hunters and fishermen through the yearly payment of the increases and changes in hunting and fishing licenses provided for in this Act may be used to fund personnel, equipment, and supplies to manage and improve fish and wildlife habitat and public wildlife management and fishing

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areas. Funds from the sale of timber may also be used for this purpose. Section 7. This Act shall become effective on April 1, 1987, or on the date of its approval by the Governor or the date of its becoming law without such approval, if any such date is after April 1, 1987. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved March 6, 1987. COUNTY BOARDS OF HEALTH MEMBERSHIP. Code Section 31-3-2 Amended. No. 162 (House Bill No. 344). AN ACT To amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to change provisions relating to membership of health care professionals on county boards of health in certain counties; to provide for related matters; 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 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph to describe the selection of one member of the county board of health and to read as follows: (3) Except as otherwise provided in this paragraph, one member to be appointed by the governing authority of

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the county shall be a physician actively practicing medicine in the county and licensed under Chapter 34 of Title 43. If there are fewer than four physicians actively practicing in the county or if there is no physician actively practicing in the county who is willing and able to serve, the governing authority may appoint a person licensed as a nurse or dentist under Chapter 26 or 11, respectively, of Title 43, and actively practicing such profession in the county or any other person having a familiarity with and concern for the provision of medical services in the county;. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 9, 1987. DOMESTIC RELATIONS CHILD SUPPORT AND ALIMONY; ENFORCEMENT AND COLLECTION; PRACTICE AND PROCEDURES; COSTS; ATTORNEY'S FEES; INTEREST. Code Sections 19-6-28, 19-11-6, 19-11-7, and 19-11-8 Amended. No. 163 (House Bill No. 302). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to extensively revise provisions relating to enforcement and collection of child support and alimony; to provide for the method of service of process in proceedings to enforce grants of alimony and child support by attachment for contempt; to provide that the motion and rule nisi may be served by mail together with a notice and acknowledgment

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of service; to provide that if the respondent does not complete and return the acknowledgment of service then service shall be perfected as otherwise provided by law; to provide that if such service is so required then the respondent shall be charged with the costs of such service; to change the conditions under which the Department of Human Resources shall accept applications for support enforcement services; to provide for the reimbursement of the department for attorney's fees expended in the representation of the department in support collection matters; to authorize the department to collect interest on judgments obtained in support actions initiated by the department; to limit the scope of certain support enforcement actions initiated by the department; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-6-28, relating to enforcement of orders, and inserting in its place a new Code section to read as follows: 19-6-28. (a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court. (b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the

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petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within 20 days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged. (c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows: IN THE SUPERIOR COURT OF..... COUNTY STATE OF GEORGIA

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(d) Service in accordance with subsections (b) and (c) of this Code section is in addition to any other method of service provided by law. Section 2. Said title is further amended by striking subsection (d) of Code Section 19-11-6, relating to child support and alimony enforcement by the Department of Human Resources, and inserting in its place a new subsection (d) to read as follows: (d) The department shall accept applications for alimony enforcement services from any proper party or person if the right to alimony has been assigned to the department. The application for enforcement shall apply only to alimony while there is a court order for alimony, while the dependent child is living with the spouse or former spouse, and while a child support obligation is also being enforced by the department. Section 3. Said title is further amended by adding at the end of Code Section 19-11-7 of the Official Code of Georgia Annotated, relating to the right of the Department of Human Resources to bring actions for support generally, new subsections (d), (e), and (f) to read as follows: (d) The court may award reasonable attorney's fees to the prevailing party. (e) The department may collect the legal rate of interest on any judgment obtained in any support action initiated by the department. (f) Any action initiated by the department pursuant to subsections (a) and (b) of this Code section or in any action in which the department appears pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties. Section 4. Said title is further amended by adding at the end of Code Section 19-11-8, relating to duties of the Department

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of Human Resources with respect to support enforcement, a new subsection (c) to read as follows: (c) Any action initiated by the department pursuant to subsection (b) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties. Section 5. This Act shall become effective on July 1, 1987. Section 1 of this Act shall apply with respect to divorce decrees entered on or after that date. Section 2 of this Act shall apply to process served on or after that date in both pending and new proceedings. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved March 9, 1987. REVENUE AND TAXATION GEORGIA INCOME TAX; ESTATE TAX; REVISION. Code Title 48, Chapters 1, 7, and 12 Amended. No. 165 (House Bill No. 87). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms Internal Revenue Code and Internal Revenue Code of 1986 and to thereby incorporate provisions of federal law into Georgia law;

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to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for the method of computation of Georgia taxable income and the rate of income taxation and credits against taxes; to provide for returns and withholding; to provide for certain elections; to provide for other matters related to the foregoing; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated so as to reflect the enactment of the Internal Revenue Code of 1986; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1987. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1987, the term means the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. Section 2. Said title is further amended by striking Article 2 of Chapter 7, relating to imposition, rate, and computation of and credits against Georgia income tax, and inserting in its place a new article to read as follows: ARTICLE 2 48-7-20. (a) A tax is imposed upon every resident of this state with respect to the Georgia taxable net income

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of the taxpayer as defined in Code Section 48-7-27. A tax is imposed upon every nonresident with respect to his Georgia taxable net income not otherwise exempted which is received by the taxpayer from services performed, property owned, or from business carried on in this state. Except as otherwise provided in this chapter, the tax imposed by this subsection shall be levied, collected, and paid annually. (b) (1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 1% Over $750.00 but not over $2,250.00 7.50 plus 2% of amount over $750.00 Over $2,250.00 but not over $3,750.00 37.50 plus 3% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 $82.50 plus 4% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 $142.50 plus 5% of amount over $5,250.00 Over $7,000.00 $230.00 plus 6% of amount over $7,000.00

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MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 1% Over $500.00 but not over $1,500.00 5.00 plus 2% of amount over $500.00 Over $1,500.00 but not over $2,500.00 $25.00 plus 3% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 $55.00 plus 4% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 $95.00 plus 5% of amount over $3,500.00 Over $5,000.00 $170.00 plus 6% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 1% Over 1,000.00 but not over $3,000.00 $10.00 plus 2% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 $50.00 plus 3% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 $110.00 plus 4% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 $190.00 plus 5% of amount over $7,000.00 Over $10,000.00 $340.00 plus 6% of amount over $10,000.00

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(2) To facilitate the computation of the tax by those taxpayers whose federal adjusted gross income together with the adjustments set out in Code Section 48-7-27 for use in arriving at Georgia taxable net income is less than $10,000.00, the commissioner may construct tax tables which may be used by the taxpayers at their option. The tax shown to be due by the tables shall be computed on the bases of the standard deduction and the tax rates specified in paragraph (1) of this subsection. Insofar as practicable, the tables shall produce a tax approximately equivalent to the tax imposed by paragraph (1) of this subsection. (c) The amount deducted and withheld by an employer from the wages of an employee pursuant to Article 5 of this chapter, relating to current income tax payments, shall be allowed the employee as a credit against the tax imposed by this Code section. Amounts paid by an individual as estimated tax under Article 5 of this chapter shall constitute payments on account of the tax imposed by this Code section. The amount withheld or paid during any calendar year shall be allowed as a credit or payment for the taxable year beginning in the calendar year in which the amount is withheld or paid. (d) The tax imposed by this Code section applies to the Georgia taxable net income of estates and trusts, which shall be computed in the same manner as in the case of a single individual. The tax shall be computed on the Georgia taxable net income and shall be paid by the fiduciary. 48-7-21. (a) Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent

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to 6 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31. (b) (1) (A) When interest income is derived from obligations of any state or political subdivision except this state and political subdivisions of this state, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from state income tax shall also be added to taxable income. (B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the `Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income.

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(2) There shall be added to taxable income any taxes on, or measured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the United States or any foreign country, by any state except the State of Georgia, or by any territory, county, school district, municipality, or other tax subdivision of any state, territory, or foreign county to the extent such taxes are deducted in determining federal taxable income. (3) No portion of any deductions or losses which occurred in a year in which the taxpayer was not subject to taxation in this state including, but not limited to, net operating losses may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the commissioner. The provisions of this subsection shall not prohibit the carry-over of any deductions or losses including, but not limited to, net operating losses of any taxpayer which were incurred in a year or years in which the taxpayer was subject to methods of taxation in this state other than the corporate income tax. (4) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income. The commissioner shall provide for needed adjustments by regulation. (5) When on the sale or exchange of real or tangible personal property located in this state gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. (6) This article shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this article. Those exemptions and the exemptions provided for by federal law and treaty shall be deducted on forms provided by the commissioner. (7) All elections made by corporate taxpayers under the Internal Revenue Code of 1954 or the Internal Revenue

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Code of 1986 shall also apply under this article except elections involving consolidated corporate returns and Subchapter `S' elections which shall be treated as follows: (A) (i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this state, the corporations must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return but which derive income from sources outside this state must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department. (ii) No depository financial institution, as defined in Code Section 48-6-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title; (B) Subchapter `S' elections apply only if all stockholders are subject to tax in this state on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed. (8) There shall be subtracted from taxable income dividends received by: (A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and (B) Corporations from affiliated corporations within the United States, when the corporation receiving

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the dividends is engaged in business in this state and is subject to the payment of taxes under the income tax laws of this state, to the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. (9) Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to using the federal jobs tax credit, the elimination of salary and wage deductions, the eliminated salary and wage deductions shall be subtracted from taxable income. (10) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. (11) There shall be subtracted from taxable income a portion of qualified payments to minority subcontractors, as provided in Code Section 48-7-38. (12) Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect to federal depreciation deductions as provided in Code Section 48-7-39. 48-7-22. (a) The tax imposed by this chapter shall be: (1) Imposed upon resident fiduciaries and upon nonresident fiduciaries: (A) Receiving income from business done in this state;

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(B) Managing funds or property located in this state; or (C) Managing funds or property for the benefit of a resident of this state; (2) Imposed upon fiduciaries subject to the tax at the rates provided in this article for single individuals; (3) Levied, collected, and paid annually with respect to: (A) That part of the net income of an estate or trust which has not become distributable during the taxable year. It is the purpose of this Code section to tax fiduciaries or beneficiaries on all income otherwise taxable under this chapter. Income received by a resident fiduciary shall not be subject to the tax imposed by this chapter when the income is accumulated for, is distributed, or becomes distributable during the taxable year to a nonresident of this state and when the income was received from business done outside this state, property held outside this state, or intangible property, other than from the licensing for use of the property, held by a fiduciary, including, but not limited to, gains from the sale or exchange of the property. No return of income exempt under this subparagraph shall be required; (B) The taxable net income received during the taxable year by a deceased individual who at the time of death was a taxpayer and who died during the taxable year or subsequent to the taxable year without having made a return; and (C) The entire taxable net income of an insolvent or incompetent person, whether or not any portion of the taxable net income is held for the future use of the beneficiaries, when the fiduciary has complete charge of the net income. (b) The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.

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(c) If the taxable year of a beneficiary is different from that of the estate or trust, the amount which the beneficiary is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year of the estate or trust ending with or within the beneficiary's taxable year. (d) The tax imposed upon a fiduciary shall be a charge against the estate or trust. 48-7-23. The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1986 shall not be allowed. Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity; and each partner shall include in his individual return his distributive shares, whether distributed or not, of the net income of the partnership for the taxable year. If the taxable year of a partner is different from that of the partnership, the amount included in a partner's individual return shall be based upon the income of the partnership for the taxable year of the partnership ending with or within the partner's taxable year. 48-7-24. (a) When one or more of the individual members of a partnership doing business in this state are nonresidents of this state, the nonresidents shall be taxable on their share of the net profits of the partnership. (b) When one or more of the individual members of a partnership doing business outside this state are residents of this state, the residents shall include in their individual returns their distributable share, whether distributed or not, of the net income of the partnership for the taxable year. 48-7-25. (a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 unless the exemption is denied under subsection (b) or (c) of this Code section: (1) Those organizations described by Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code

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of 1986. Organizations described in this paragraph shall be exempt from taxation for state purposes in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income. (b) (1) An organization requesting exemption under paragraph (1) of subsection (a) of this Code section shall file a written application with the commissioner. The commissioner shall issue a determination letter or ruling to an organization requesting the exemption and shall either grant or disallow the requested exempt status. Until a determination letter granting exempt status is issued by the commissioner, no exempt status shall exist. Those organizations which have an exempt status in effect under Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986 on January 1, 1987, shall retain the exempt status unless revoked as provided by law. The commissioner may issue rules governing the filing of written applications and the issuance of determination letters. (2) (A) The commissioner may revoke the exempt status of any organization described in paragraph (1) of subsection (a) of this Code section when: (i) The Internal Revenue Service revokes the exempt status of the organization; (ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted; (iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1986; or (iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization.

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(B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the commissioner in writing of the occurrence of any of the disqualifying events described in subparagraph (A) of this paragraph or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this state due to the revocation of exempt status shall be tolled as of the date of the occurrence of the disqualifying event or events described in subparagraph (A) of this paragraph. The commissioner at any time may require an organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumulation of income, and other data deemed necessary for the proper administration of this Code section. (c) (1) A tax is imposed on income of an organization exempted pursuant to paragraph (1) of subsection (a) of this Code section when the income is derived from trade or business which is not related to exempt purposes of organizations described in paragraph (1) of subsection (a) of this Code section. This income shall be referred to as unrelated business income and shall be the income which is defined in Section 512 of the Internal Revenue Code of 1986. The tax imposed on unrelated business income shall be at the rate provided in Code Section 48-7-21. (2) If an organization is exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986, if the organization makes payments of death benefits as a result of the death of a member of the organization, and if payments have been made by the organization for at least five years prior to January 1, 1977, the payments shall be deductible from the unrelated business income tax which might be owned by the organization. The payment of such death benefits shall not operate to generate a rebate or a refund. If the amount of death

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benefits paid within the taxable year exceeds the unrelated business income tax owed for the same taxable year, the excess may be carried forward for a period of five years. 48-7-26. (a) As used in this Code section, the term `dependent' shall have the same meaning as in the Internal Revenue Code of 1986. (b) (1) An exemption of $3,000.00 shall be allowed as a deduction in computing Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed. (2) An exemption of $1,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return and for each dependent of any taxpayer. (c) No exemption shall be allowed under this Code section for any dependent who has made a joint return with his spouse for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (d) A deduction in lieu of a personal exemption deduction shall be allowed an estate or a trust as follows: (1) An estate - $1,500.00; and (2) A trust - $750.00. 48-7-27. (a) Georgia taxable net income of an individual shall be the taxpayer's federal adjusted gross income, as defined in the United States Internal Revenue Code of 1986, less: (1) Either the sum of all itemized nonbusiness deductions used in computing federal taxable income if the taxpayer used itemized nonbusiness deductions in computing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then a standard deduction as provided for in the following subparagraphs: (A) In the case of a single taxpayer or a head of household, $2,300.00;

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(B) In the case of a married taxpayer filing a separate return, $1,500.00; (C) In the case of a married couple filing a joint return, $3,000.00; (D) An additional deduction of $700.00 for the taxpayer if he has attained the age of 65 before the close of his taxable year. An additional deduction of $700.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his spouse and the spouse has attained the age of 65 before the close of the taxable year; and (E) An additional deduction of $700.00 for the taxpayer if he is blind at the close of the taxable year. An additional deduction of $700.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death; (2) The exemptions provided for in Code Section 48-7-26 together with the adjustments provided for in subsection (b) of this Code section; (3) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses; (4) (A) Income received from the following, and only the following, public pension or retirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income: (i) Employees' Retirement System of Georgia;

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(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds; (iii) Peace Officers' Annuity and Benefit Fund; (iv) Trial Judges and Solicitors Retirement Fund; (v) Superior Court Clerks' Retirement Fund of Georgia; (vi) Public School Employees Retirement System; (vii) Georgia Legislative Retirement System; (viii) Teachers Retirement System of Georgia and all local teachers' retirement systems; (ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this state to exempt income from the Teachers Retirement System of Georgia from taxation; (x) Funds, programs, or systems the income from which is exempted by federal law or treaty; (xi) Superior Court Judges Retirement System; and (xii) District Attorneys' Retirement System. (B) It is the intent of the General Assembly that no income from a public pension or retirement fund, program, or system shall be exempt from income taxation in this state unless the exemption is provided for in this paragraph or unless the law granting the exemption makes specific reference to this paragraph; (5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly exempt from income taxation because

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it is received from a public pension or retirement fund or system listed in subparagraph (A) of paragraph (4) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he: (i) Is 62 years of age or older during any part of the taxable year; or (ii) Is permanently and totally disabled in that he has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence. (B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph; and (6) A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38. (b) (1) There shall be added to the taxable income: (A) Dividend or interest income, to the extent that the dividend or interest income is not included in gross income for federal income tax purposes, on obligations of any state except this state or of political subdivisions except political subdivisions of this state; (B) Interest or dividends on obligations of the United States or of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income taxes but not from state income taxes; and (C) Income consisting of lump-sum distributions from an annuity, pension plan, or similar source which were removed from federal adjusted gross income for the purposes of special federal tax computations or treatment. (2) There shall be subtracted from taxable income interest or dividends on obligations of the United States

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and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (3) There shall be added to taxable income any income taxes imposed by any tax jurisdiction except the State of Georgia to the extent deducted in determining federal taxable income. (4) No portion of any deductions or losses including, but not limited to, net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in this state, may be deducted in any tax year. When federal adjusted gross income includes deductions or losses not allowed pursuant to this paragraph, an adjustment deleting them shall be made under rules established by the commissioner. (5) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income; and the commissioner shall provide for needed adjustments by regulation. (6) When, on the sale or exchange of real or tangible personal property located in this state, gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. (7) Except as otherwise provided in paragraph (4) of subsection (a) of this Code section, this chapter shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this Code section. Those exemptions and the exemptions provided by federal law and treaty shall be deducted on forms provided by the commissioner.

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(8) All elections made by the taxpayer under the Internal Revenue Code of 1954 or the Internal Revenue Code of 1986 shall also apply under this article. (c) Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect to federal depreciation deductions as provided in Code Section 48-7-39. 48-7-28. A resident individual who has an established business in another state, has investment in property having a taxable situs in another state, or engages in employment in another state may deduct from the tax due upon the entire net income of the resident individual the tax paid upon the net income of the business, investment, or employment in another state when the business, investment, or employment is in a state that levies a tax upon net income. In no case shall the credit permitted under this Code section exceed the tax which would be payable to this state upon a like amount of taxable income. 48-7-29. Reserved. 48-7-30. (a) The tax imposed by this chapter shall apply to the entire net income of a taxable nonresident derived from employment, trade, business, professional, or other activity for financial gain or profit performed or carried on within this state including, but not limited to, the rental of real or personal property located within this state or for use within this state and the sale, exchange, or other disposition of tangible or intangible property having a situs in this state. (b) A taxable nonresident whose income is derived from employment, trade, business, professional, or other activity performed or carried on within and outside this state shall be taxed only upon the income derived from carrying on the activity within this state. The amount of taxable income may be determined by a separate accounting of the income if the commissioner is satisfied that the separate accounting reflects correctly the income fairly attributable to this state. Otherwise, the amount of taxable income shall be determined in the manner prescribed by this chapter for the allocation and apportionment of income of corporations engaged in business within and outside this state.

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(c) Except as otherwise provided by law, all provisions of this chapter with respect to the definitions, determination, and computation of taxable net income of residents of this state and with respect to the assessment, levy, and collection of the tax imposed by this chapter on the net income of residents of this state shall apply equally to the taxation of the net income of taxable nonresidents. (d) (1) A taxable nonresident shall be allowed to deduct allowable expenses, interest, taxes, losses, bad debts, depreciation, and similar business expenses when the income of the taxable nonresident is derived from: (A) Employment, trade, business, professional, or other activity performed or carried on: (i) Entirely within this state; or (ii) Within and outside this state when the nonresident is permitted by the commissioner to use separate accounting; (B) The rental of real or personal property located within this state or for use within this state; (C) The sale, exchange, or other disposition of tangible or intangible property having a situs in this state. (2) Expenses allowable to a taxable nonresident as provided in paragraph (1) of this subsection shall be allowable only to the extent that the expenses are attributable to the production of income allocable to and taxable by this state. As to allowable deductions essentially personal in nature, such as contributions to charitable organizations, alimony, medical expenses, the optional standard deduction, personal exemptions, and credits for dependents, the taxable nonresident shall be allowed deductions for such deductions essentially personal in nature in the ratio that the gross income allocated to this state bears to the total gross income of the taxable nonresident computed as if the taxable nonresident were a resident of this state. The commissioner may accept total federal

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gross income as the equivalent of total Georgia gross income for purposes of this allocation. (e) A taxable nonresident whose income is derived from the activities specified in subsection (d) of this Code section performed or carried on within and outside this state and who is required to allocate and apportion his income in the manner of corporations engaged in business within and outside this state shall compute his net taxable income as if he were a resident of this state. The net taxable income so computed shall be apportioned in the manner of corporations engaged in business within and outside this state. 48-7-31. (a) The tax imposed by this chapter shall apply to the entire net income, as defined in this article, received by every foreign or domestic corporation owning property or doing business within this state. A corporation shall be deemed to be doing business within this state if it engages within this state in any activities or transactions for the purpose of financial profit or gain whether or not: (1) The corporation qualifies to do business in this state; (2) The corporation maintains an office or place of doing business within this state; or (3) Any such activity or transaction is connected with interstate or foreign commerce. (b) (1) If the entire business income of the corporation is derived from property owned or business done in this state, the tax shall be imposed on the entire business income. (2) If the business income of the corporation is derived in part from property owned or business done in this state and in part from property owned or business done outside this state, the tax shall be imposed only on that portion of the business income which is reasonably attributable to the property owned and business done within this state, such portion to be determined as provided in subsections (c) and (d) of this Code section.

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(c) (1) Interest received on bonds held for investment and income received from other intangible property held for investment are not subject to apportionment. All expenses connected with such investment income shall be applied against the investment income. The net investment income from intangible property shall be allocated to this state if the situs of the corporation is in this state or if the intangible property was acquired as income from property held in this state or as a result of business done in this state. (2) Rentals received from real estate held purely for investment purposes and not used in the operation of any business are not subject to apportionment. All expenses connected with such investment income shall be applied against the investment income. The net investment income from tangible property located in this state shall be allocated to this state. (3) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade or business of the corporation nor held for sale in the regular course of business shall be allocated to this state if the property sold is real or tangible personal property situated in this state or intangible property having an actual situs or a business situs within this state. Otherwise, the gains shall not be allocated to this state. (d) Net income of the classes described in subsection (c) of this Code section having been separately allocated and deducted, the remainder of the net business income shall be apportioned as follows: (1) (A) Where the net business income of the corporation is derived principally from the holding, sale, or holding and sale of intangible property having a taxable situs in this state, the tax shall be imposed on the entire business income. (B) Where a portion of the intangible property has a taxable situs outside this state, the portion of the income derived from the holding, sale, or holding and sale of the intangible property attributable to

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this state shall be the percentage which the gross receipts from the intangible property in this state for the taxable year bear to the total gross receipts from intangible property located within and outside this state. (C) The taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in this state shall be deemed to be in this state even though a domicile of the corporation is established outside this state. (D) Intangible property derived from business done in another state by a foreign corporation and held by the corporation outside this state shall not be deemed to have a taxable situs in this state by reason of the fact that officers or directors of the corporations reside in this state, corporate meetings are held in this state, or corporate records are kept in this state. (2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following three factor formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period; (i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental

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rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term `compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state

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during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (D) The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the three percentages averaged. The net income of the corporation shall be apportioned to this state according to such average; (3) Where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be equitably apportioned within and outside this state in the ratio that the business within this state bears to the total business of the corporation; (4) For the purposes of this subsection, the term `sale' shall include, but not be limited to, an exchange, and the term `manufacture' shall include, but not be limited to, the extraction and recovery of natural resources and all processes of fabricating and curing. (e) The net income of a domestic or foreign corporation which is a subsidiary of another corporation or which is closely affiliated with another corporation by stock ownership shall be determined by eliminating all payments to the parent corporation or affiliated corporation in excess of fair value and by including fair compensation to the domestic business corporation for its commodities sold to or services performed for the parent corporation or affiliated corporation. For the purposes of determining net income as provided in this subsection,

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the commissioner may equitably determine the net income by reasonable rules of apportionment of the combined income of the subsidiary, its parent, and affiliates, or any combination of the subsidiary, its parent, and any one or more of its affiliates. 48-7-32. (a) When the business of any corporation engaged in the operation of a railroad, express service, telephone or telegraph business, or other form of public service is partly within and partly outside the state, the net income of the corporation for the purpose of this chapter shall be that amount ascertained by apportioning to the state the sum of the net income of the corporation including, but not limited to, dividend income that may legally be taxed by the state (exclusive of income from tax-exempt securities and without any deduction for federal and state income taxes), as shown by the corporation's records kept in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission when the standard classification of accounts includes in net income rents from all sources; and when the standard classification does not include all rents, then such rents shall be included in net income in the proportion that the total gross operating revenues from business done wholly within the state plus the equal mileage proportion within the state of all gross operating revenues from interstate business of the company, wherever done, bear to the total gross operating revenues from all business done by the company. If any such corporation keeps its records of operating revenues and operating expenses on a state basis in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission and in a manner which includes in net income for the state the effect of all intrastate and interstate business applicable to the state, the state records may be used by the taxpayer under the supervision of the commissioner in reporting the net taxable income within the state. (b) All other corporations engaged in the business of operating a railroad, express service, telephone or telegraph business, or other form of public service, whether or not the corporation is required to make reports to the Interstate Commerce Commission, shall keep records according to the standard classifications of accounting of the Interstate Commerce

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Commission. The net income of the corporation including, but not limited to, dividend income that can legally be taxed by the state (exclusive of tax-exempt securities and without any deduction for federal and state income taxes) shall be determined in accordance with such records. If any such corporation keeps its records of operating revenues and operating expenses on a state basis in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission and in a manner which includes in net income for the state the effect of all intrastate and interstate business applicable to the state, the state records may, with the consent of the commissioner, be used by the taxpayer in reporting the net taxable income within the state. 48-7-33. (a) The net income shall be computed upon the basis of the taxpayer's annual accounting period in accordance with the method of accounting regularly employed in keeping the books of the taxpayer. If no such method of accounting has been so employed or if the method employed does not clearly reflect the income, the computation shall be made in accordance with the method which, in the opinion of the commissioner, clearly reflects the income. If the taxpayer's annual accounting period is other than a fiscal year or if the taxpayer has no annual accounting period or does not keep books, the net income shall be computed on the basis of the calendar year. A taxpayer utilizing a fiscal year may return his net income under this chapter on the basis of his fiscal year with the approval of the commissioner and subject to such rules and regulations as the commissioner may establish. (b) With the approval of the commissioner and under such regulations as he may prescribe, a taxpayer may change his taxable year from fiscal year to calendar year or otherwise. In the case of any such change, the net income shall be computed upon the basis of the new taxable year when approval is obtained from the commissioner at least 30 days prior to the close of the proposed taxable year. (c) The amount of all items of gross income shall be included in the gross income for the taxable year in which received by the taxpayer unless, under methods of accounting permitted by this Code section, any amounts of gross income are to be properly accounted for as of a different period.

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(d) The deductions and credits provided for in this chapter shall be taken for the taxable year in which `paid or accrued' or `paid or incurred' depending upon the method of accounting on the basis of which the net income is computed unless, in order to clearly reflect the income, the deductions or credits should be taken as of a different period. (e) Whenever in the opinion of the commissioner it is necessary in order to determine clearly the income of any taxpayer, inventories shall be taken by the taxpayer on the basis prescribed by the commissioner. Each such basis shall conform as nearly as possible to the best accounting practice in the particular trade or business which most clearly reflects the income. (f) If a return has been filed within the three years immediately preceding the date of the taxpayer's death, income and expenses of a taxpayer who dies during the taxable year shall be computed on the same method of accounting, whether cash or accrual, as was used by the taxpayer in the preparation of the last income tax return filed by him with the commissioner. If no return has been filed within the three-year period, the return of a deceased taxpayer shall be prepared on the cash method unless the commissioner certifies that the cash method, because of particular circumstances, is not reasonable to either the state or the heirs, legatees, or devisees interested in the taxpayer's estate. If the commissioner certifies that the cash method is unreasonable, he may order the preparation of the return on the accrual method. 48-7-34. If any corporation or nonresident employs in its books of account a detailed allocation of receipts and expenditures which reflects more clearly than the processes or formulas prescribed by this chapter the income attributable to the trade or business within this state, application for permission to base its return upon the books of account shall be considered by the commissioner. The application shall be made at least 60 days prior to the last day on which the taxpayer's return is to be filed and shall be accompanied by a full and complete explanation of the method employed. 48-7-35. If any corporation or nonresident shows by any method of allocation other than the processes or formulas

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prescribed by this chapter that another method reflects more clearly the income attributable to the trade or business within this state, application for permission to base its return upon the other method shall be considered by the commissioner. The application shall be accompanied by a statement setting forth in detail with full explanations the method the taxpayer believes will more clearly reflect its income from business within the state. If the commissioner concludes that the method of allocation and apportionment submitted by the taxpayer is in fact inapplicable and inequitable, he shall reject the application and shall so notify the taxpayer. Failure to receive the commissioner's notice shall not operate to relieve the taxpayer from liability for not filing the return on its due date utilizing the allocation and apportionment method prescribed by this chapter. 48-7-36. In the case of an individual: (1) Serving in the armed forces of the United States or in support of the armed forces of the United States in an area designated by the President of the United States by executive order as a `combat zone,' as that term is defined by the United States Internal Revenue Code of 1986, at any time during the period designated by the President's executive order as the period of combat activities in the zone; (2) Hospitalized as a result of an injury received while serving in such an area during the period of combat activities; or (3) Who is confined as a prisoner of the forces opposing the United States in a combat zone, the period of service in the combat zone, plus the period of continuous hospitalization attributable to an injury, plus any period of confinement, and the next 180 days thereafter shall be disregarded in determining whether any filing required by this title has been performed within the time prescribed for the filing. 48-7-37. In the case of any individual who dies while in active service as a member of the armed forces of the United States, if the death occurred while serving in a combat

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zone, as that term is defined by the United States Internal Revenue Code of 1986, or as a result of wounds, disease, or injury incurred while so serving, any tax imposed by this article: (1) Shall not apply with respect to the taxable year in which falls the date of his death or with respect to any prior taxable year ending on or after the first day he served in a combat zone after June 24, 1960; (2) For a taxable year preceding those specified in paragraph (1) of this Code section which is unpaid at the date of his death including, but not limited to, interest, additions to the tax, and additional amounts shall not be assessed. If assessed, the assessment shall be abated. If any such amount is collected, it shall be credited or refunded as an overpayment. 48-7-38. (a) As used in this Code section, the term: (1) `Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (2) `Minority subcontractor' means any business which is owned by: (A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business; (B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation.

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(3) `State contract' means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing. (b) In computing Georgia taxable net income of a corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if: (1) The payment is for goods, personal property, or services furnished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer; (2) The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and (3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section. (c) The total amount which may be subtracted under this Code section from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year. (d) The commissioner of administrative services shall certify individuals, partnerships, and corporations which are within the definition of the term `minority subcontractor' specified in subsection (a) of this Code section. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically

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revise a list of certified minority subcontractors and shall make such list available to the department and to the general public. 48-7-39. (a) With respect to property placed in service in taxable years ending prior to the effective date of this Code section, a taxpayer shall in his return for the first taxable year ending on or after January 1, 1987, elect to: (1) Continue to depreciate or otherwise recover the cost of such property according to the same method used for Georgia income tax purposes for the taxable year in which the property was placed in service; or (2) Depreciate or otherwise recover the cost of such property according to the method used for federal income tax purposes for the taxable year in which the property was placed in service. The election required by this subsection shall be made for a taxpayer's first taxable year ending on or after January 1, 1987, in such manner as may be specified by the commissioner. If a return for such a taxable year has been filed without such an election prior to or within 90 days after the effective date of this Code section, the taxpayer may file an amended return containing such an election. (b) The election provided for in subsection (a) of this Code section shall apply to all property of the taxpayer uniformly and shall be irrevocable and applicable to all subsequent taxable years. Except as otherwise provided in the last sentence of subsection (a) of this Code section, if no such election is made, the taxpayer shall be deemed to have elected the option afforded by paragraph (2) of subsection (a) of this Code section. The General Assembly recognizes and intends that if a taxpayer elects the option afforded by paragraph (2) of subsection (a) of this Code section then in certain cases the taxpayer may never fully depreciate or recover the cost of certain property for Georgia income tax purposes and in certain cases the taxpayer may be allowed to depreciate or recover more than the full cost of certain property for Georgia income tax purposes. Taxpayers electing the option afforded by paragraph (1) of subsection (a) of this

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Code section shall in determining Georgia taxable income make such adjustments to federal taxable income as are required to reflect the effect of such election. Any such election shall apply both to determination of deductions for depreciation or cost recovery of affected property and also to determination of gain or loss on the sale or other disposition of such property. The commissioner shall specify the manner in which such adjustments shall be made. Section 3. Said title is further amended by striking Code Section 48-7-50, relating to persons required to file income tax returns, and inserting in its place a new Code Section 48-7-50 to read as follows: 48-7-50. (a) An income tax return with respect to the tax imposed by this chapter shall be filed with the commissioner by every: (1) Resident who is required to file a federal income tax return for the taxable year; (2) Nonresident who has federal gross income from sources within this state; (3) Resident estate or trust that is required to file a federal income tax return; (4) Nonresident estate or trust that has federal gross income from sources within this state; and (5) Resident or nonresident who has taxable income subject to Georgia income tax for the taxable year who does not have taxable income subject to federal income tax for the same taxable year. (b) The commissioner may require each taxpayer by regulation to file with the return required by this chapter a copy of all or any part of the taxpayer's federal income tax return for the corresponding period. Section 4. Said title is further amended by striking subparagraph (J) of paragraph (10) of Code Section 48-7-100, relating to definitions of terms relating to current income tax payment,

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and inserting in its place a new subparagraph to describe remuneration not included in the definition of the term wages and to read as follows: (J) To, or on behalf of, any employee: (i) From or to a trust described in Section 401(a) of the United States Internal Revenue Code of 1986 which is exempt under Code Section 48-7-25 at the time of the payment unless the payment is made to an employee of the trust as remuneration for services rendered as an employee and not as a beneficiary of the trust; (ii) Under or to an annuity plan which at the time of the payment meets the requirements of Section 401(a)(3), (4), (5), and (6) of the Internal Revenue Code of 1986;. Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 48-7-101, relating to income tax withholding, and inserting in their place new subsections (a) and (b) to read as follows: (a) The amount of wages subject to withholding shall be the amount of wages paid, less: (1) Fifteen percent of the wages, but not in excess of: (A) $40.00 for a weekly payroll period; (B) $80.00 for a biweekly payroll period; (C) $83.00 for a semimonthly payroll period; (D) $168.00 for a monthly payroll period; (E) $500.00 for a quarterly payroll period; (F) $1,000.00 for a semiannual payroll period; (G) $2,000.00 for an annual payroll period; or (H) $5.50 per day for a daily or miscellaneous payroll period; and

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(2) The total withholding exemption allowance applicable to the wage payment as computed under subsection (b) of this Code section. (b) (1) The withholding exemption allowance applicable to a wage payment to an employee, determined according to the payroll period of the employee, shall be the amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus the amount shown in Column 3, below, multiplied by the number of dependency exemptions claimed by the employee. Payroll Period Col. 1 Single Exemption Col. 2 Marital Exemption Col. 3 Each Dependent Exemption Weekly $ 28.75 $ 57.50 $ 28.75 Biweekly 57.50 115.00 57.50 Semimonthly 62.50 125.00 62.50 Monthly 125.00 250.00 125.00 Quarterly 375.00 750.00 375.00 Semiannual 750.00 1,500.00 750.00 Annual 1,500.00 3,000.00 1,500.00 Daily or Miscellaneous 4.15 8.30 4.15 (2) If wages are paid for a miscellaneous payroll period or with respect to a period which is not a payroll period, the withholding exemption allowance with respect to each payment of wages shall be the exemption allowed for a daily payroll period multiplied by the number of days in the period including, but not limited to, Saturdays and Sundays, with respect to which the wages are paid. (3) In any case in which wages are paid by an employer without regard to any payroll period or other period,

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the withholding exemption allowance with respect to each payment of wages shall be exemption allowance for a daily payroll period multiplied by the number of days, including but not limited to, Saturdays and Sundays, which have elapsed since the last payment of wages by the employer during the calendar year, since the date of commencement of employment with the employer during the year, or since January 1 of the year, whichever is later. Section 6. Said title is further amended by striking Code Section 48-7-102, relating to withholding exemption status and deductions, and Code Section 48-7-102.1, relating to withholding rules and regulations, and inserting in their place new Code sections to read as follows: 48-7-102. (a) (1) A zero exemption status shall apply to any employee receiving wages who, on the withholding exemption certificate required under subsection (c) of this Code section, disclaims any exemption status or who fails to file with his employer the withholding exemption certificate required under subsection (c) of this Code section. (2) A single exemption status shall be available to any employee receiving wages who at the time cannot qualify for a marital exemption or who disclaims a marital exemption, unless such employee is an individual who is eligible to be claimed as a dependent on another taxpayer's federal income tax return in which case a zero exemption status shall apply. (3) A marital exemption status shall be available to any employee receiving wages who at the time is married and living with his spouse, but only if his spouse does not have in effect at that time a withholding exemption certificate claiming a single or marital exemption. (b) An employee receiving wages shall be entitled on any day to one withholding dependency exemption for each individual with respect to whom he may reasonably be expected to be entitled to an exemption for the taxable year under Code Section 48-7-26. (c) (1) On or before the date of the commencement of employment with any employer, the employee shall furnish

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the employer with a signed withholding certificate in the form prescribed by the commissioner relating to his withholding exemption status and the number of dependency exemptions which the employee claims. No exemption may be claimed to which the employee is not entitled. (2) Except as otherwise provided by rules or regulations of the commissioner, if an employee has filed with his employer an exemption certificate as required for federal withholding tax purposes, an employer may give effect to the exemption status and exemptions claimed on the federal exemption certificate when the certificate contains sufficient information to enable the employer to give effect to the withholding exemptions allowable under this Code section. (3) Whenever during a calendar year the withholding exemption status of an employee or the number of dependency exemptions to which an employee is entitled changes or whenever an employee reasonably expects such a change before the end of the calendar year which would entitle the employee to different withholding exemptions than those shown on the exemption certificate in effect for the employee, the employee shall file with his employer within ten days of the change or, for the next calendar year, on or before December 20 a new certificate indicating the change. In no event shall the withholding exemption status or the number of dependency exemptions claimed on a certificate exceed the number to which the employee is entitled. (4) (A) A withholding exemption certificate furnished the employer when no previous certificate is in effect shall take effect as of the beginning of the first payroll period ending, or as of the first payment of wages made without regard to a payroll period, on or after the date on which the certificate is so furnished. (B) A withholding exemption certificate furnished the employer when a previous certificate is in effect shall take effect with respect to the first payment

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of wages made on or after the first status determination date which occurs at least 30 days from the date on which the certificate is so furnished. At the election of the employer, the certificate may be made effective with respect to any payment of wages made on or after the date on which the certificate is so furnished. For purposes of this subparagraph, the term `status determination date' means January 1 and July 1 of each year. (5) A withholding exemption certificate which takes effect under this subsection shall continue in effect with respect to the employer until another certificate takes effect under this subsection. Each withholding exemption certificate which is in effect is, at the time of the receipt of any wages, a present representation of fact subject to the criminal penalties of Code Section 48-7-127. 48-7-102.1. (a) The commissioner shall have the power to make and publish reasonable rules and regulations: (1) Setting forth circumstances under which an employer shall be required to submit to the commissioner copies of withholding exemption certificates furnished to the employer by his employees; (2) Establishing a procedure by which the commissioner may notify an employer and employee that any withholding exemption certificate which has been submitted to the commissioner shall be considered defective for purposes of computing amounts of withholding under this article; (3) Establishing a procedure by which the commissioner may, after a withholding exemption certificate submitted to him has been determined to be defective, specify to an employer the basis upon which amounts of withholding under this article are to be computed; and (4) Governing any and all other matters reasonably considered by the commissioner to be appropriate in addressing those matters set forth in paragraphs (1) through (3) of this subsection.

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(b) For purposes of rules and regulations promulgated under the authority of subsection (a) of this Code section, the term `employer' may be defined by the commissioner to include an individual authorized by an employer to receive withholding exemption certificates, to make withholding computations, or to make payroll distributions. (c) Nothing in this Code section shall be construed to deny additional withholding allowances to an employee who can show that he will have additional deductions because he or his spouse has attained age 65 or is blind, large itemized deductions, deductible alimony payments, moving expenses, employee business expenses, retirement contributions, net losses, or tax credits. Section 7. Said title is further amended by striking subsection (b) of Code Section 48-7-114, relating to declarations of estimated income tax, and inserting in its place a new subsection to read as follows: (b) Except as otherwise provided in subsection (e) of this Code section, every resident individual and every taxable nonresident individual shall make a declaration of his estimated tax for the current taxable year if he can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his gross income can reasonably be expected to: (1) Include more than $1,000.00 from sources other than wages as defined in paragraph (10) of Code Section 48-7-100; and (2) Exceed: (A) One thousand five hundred dollars if the individual is single or the individual is married and not living with his spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or (B) Three thousand dollars if the individual is married and living with his spouse and expects to claim the full marital exemption.

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Section 8. Said title is further amended by striking subsection (b) of Code Section 48-12-2, relating to returns, calculation, and payment of estate taxes, and inserting in its place a new subsection to read as follows: (b) On or before the date the duplicate return is filed with the commissioner, the personal representative shall pay to the state a tax in an amount equal to the amount allowable as a credit for state death taxes under Section 2011 of the Internal Revenue Code of 1986. If the tax is paid later than the federal filing date, not including any extensions, the personal representative shall pay interest on the tax at the rate specified in Code Section 48-2-40 from the filing date to the time of payment. If the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state and the other state requires the payment of a tax for which credit is received against federal estate taxes, any tax due under this chapter shall be reduced by an amount which bears the same ratio to the total state tax credit allowable for federal estate tax purposes as the value of the property taxable in the other state bears to the value of the entire gross estate for federal estate tax purposes. Section 9. Each of the following Code sections and parts of Code sections is amended by striking the phrase Internal Revenue Code of 1954 and inserting in its place the phrase Internal Revenue Code: (1) Paragraph (1) of subsection (a) of Code Section 2-7-155, relating to certified cotton growers' organizations; (2) Subsection (f) of Code Section 7-1-313, relating to certain collective investment funds; (3) Paragraph (5) of Code Section 10-5-8, relating to registration of securities and exempt securities; (4) Paragraphs (9) and (15) of Code Section 10-5-9, relating to securities transactions exempt from registration; (5) Subsection (c) of Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources;

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(6) Subsection (b) of Code Section 34-8-78, relating to employment security records and reports; (7) Division (a)(2)(C)(ii) and paragraph (7) of subsection (a) of Code Section 34-8-155, relating to eligiblity for extended employment security benefits; (8) Code Section 34-34-5.1, relating to library lease agreements between municipal corporations and public foundations; (9) Subsection (f) of Code Section 36-37-6, relating to disposition of municipal property; (10) Subsection (c) of Code Section 37-9-7, relating to determination of income and assets under The Patient Cost of Care Act; (11) Paragraph (1) of subsection (c) of Code Section 40-2-25, relating to applications for registration of motor vehicles; (12) Paragraph (7) of subsection (a) of Code Section 43-17-18, relating to exemptions from regulation of charitable fund raising; (13) Code Section 44-14-570, relating to the purpose of laws relating to filing of federal tax liens; (14) Subparagraph (C) of paragraph (2) of Code Section 45-20-51, relating to definitions of terms relating to state employees' wage deductions for charities; (15) Subparagraph (b)(3)(B) of Code Section 46-2-26.3, relating to recovery of certain conversion costs by certain utilities; (16) Paragraphs (2) and (4) of Code Section 47-18-2, relating to definitions pertaining to social security coverage for public employees; (17) Paragraph (12) of Code Section 48-5-41, relating to property exempt from ad valorem taxation;

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(18) Code Section 48-5-470.1, relating to ad valorem tax exemption of certain motor vehicles used for transporting handicapped or disabled students; (19) Paragraph (2) of Code Section 48-6-22, relating to exemptions from intangible taxation; (20) Paragraph (4) of subsection (c) of Code Section 48-6-27, relating to intangible personal property returns; (21) Subsection (c) of Code Section 48-7-60, relating to confidentiality of income tax information; (22) Subparagraph (A) of paragraph (11) of Code Section 48-8-3, relating to exemptions from sales and use taxation; (23) Subsection (d) of Code Section 53-8-2, relating to investments by executors and trustees; (24) Code Section 53-12-94, relating to annual reports by trustees to the state revenue commissioner; (25) Code Section 53-12-120, relating to automatic amendment of articles of incorporation of private foundations; (26) Code Section 53-12-121, relating to express amendment of articles of incorporation of private foundations; (27) Code Section 53-12-124, relating to automatic amendment of governing instruments of certain trusts; (28) Code Section 53-12-125, relating to automatic amendment of governing instruments of certain trusts; (29) Code Section 53-12-126, relating to express amendment of governing instruments of certain trusts; (30) Code Section 53-12-129, relating to elections by trustees of certain trusts; (31) Code Section 53-12-130, relating to elections by directors of certain private foundations; and

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(32) Code Section 53-12-131, relating to commissions of trustees of certain trusts. Section 10 . (a) This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to taxable years ending on or after such effective date. A taxpayer with a taxable year ending on or after January 1, 1987, and before the effective date of this Act may elect to have the provisions of this Act apply to such taxable year. If a return for such a taxable year has been filed without such an election prior to or within 90 days after the effective date of this Act, the taxpayer may file an amended return containing such an election. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act. (c) Provisions of the federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which were as of January 1, 1987, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1987.

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GEORGIA RESIDENTIAL FINANCE AUTHORITY RESIDENTIAL ENERGY CONSERVATION; FINANCIAL ASSISTANCE; INVESTMENTS; LOW-INCOME HOUSING CREDITS; BONDS. Code Sections 8-3-171, 8-3-172, 8-3-176, and 8-3-180 Amended. No. 166 (Senate Bill No. 123). AN ACT To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change legislative findings; to expand residential conservation purposes qualifying for financial assistance; to change the definition of lending institution; to change certain powers of the authority with respect to investments; to provide for the power to self-insure; to change certain references to federal laws; to provide additional powers with respect to financial assistance for residential energy conservation purposes; to clarify that the authority has the power to issue, allocate, and structure a program of low-income housing credits; to modify certain geographic distribution requirements; to expand the purposes for which bonds may be issued; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, is amended by striking paragraph (9) of subsection (a) of Code Section 8-3-171, relating to legislative findings, and inserting in its place a new paragraph to read as follows: (9) That energy resources are rapidly depleting in quantity and rising in price and that the burden of these occurrences falls heavily upon the citizens of this state; and that these conditions are harmful to the development of trade, commerce, industry, and employment opportunities and are

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adverse to the health, safety, and welfare of the citizens of this state; and that it is a public purpose to ensure the availability of financing or grant moneys or other financial assistance to be used by or to the benefit of persons and families to install in their residences reasonably priced energy-conserving systems, devices, and measures and to otherwise provide financial assistance to persons and families so that they may obtain affordable and available public utilities for their residences. Section 2. Said article is further amended by striking subsections (b) and (c) of said Code Section 8-3-171 and inserting in their place new subsections (b) and (c) to read as follows: (b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of developing and stimulating commercial and industrial operations in certain areas of the state, to assist in providing dwelling accommodations for persons, regardless of income, who are determined eligible by the authority as a means of addressing the housing shortage problem described in paragraphs (6), (7), and (8) of subsection (a) of this Code section. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of decreasing residential energy use so as to make available more energy for trade, commerce, industry, and employment opportunities, to assist in the financing of residential energy-conserving systems, measures, and devices, and to otherwise provide financial assistance to persons and families so that they may obtain affordable and available public utilities for their residences.

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(c) It is further found and declared that the creation of the Georgia Residential Finance Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes within the provisions of the Constitution of Georgia in that the development and stimulation of trade and commerce in the housing industry of this state are vital to the public welfare, create employment opportunities, and lessen unemployment and underemployment in the home construction and real estate industries, and in that an adequate supply of money with which to finance safe and sanitary dwelling accommodations for the people of Georgia is necessary to the health and welfare of the people of this state, and in that residential energy conservation and the affordability and availability of residential public utilities is vital to the public welfare, health, and safety of the people of this state and is vital to the development of trade, commerce, industry, and employment opportunities in this state. Section 3. Said article is further amended by striking paragraph (10) of Code Section 8-3-172, relating to definitions, and inserting in its place the following: (10) `Lending institution' means any bank or trust company, savings and loan association, savings bank, credit union, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages insured by an agency of the United States government. For the purpose of financing the acquisition of single-family residences by eligible persons and families, all such lending institutions shall have a place of business in Georgia and shall be authorized to do business in Georgia. Section 4. Said article is further amended by striking at the end of division (a)(14)(E)(iv) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, the following: ; and, and inserting in its place a semicolon, by striking the semicolon at the end of subparagraph (a)(14)(F) of that Code section and inserting in its place the following: ; and,

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and by adding immediately thereafter a new subparagraph to read as follows: (G) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market including, but not limited to, collateralized mortgage obligations, owner trusts offering collateralized mortgage obligations, guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity, real estate mortgage investment conduits, mortgage obligations, mortgage pools, and pass-through securities;. Section 5. Said article is further amended by striking paragraphs (19), (25), and (27) of subsection (a) of said Code Section 8-3-176 and inserting in their respective places the following: (19) To procure or to otherwise provide insurance against any loss in connection with its property and other assets; (25) To issue to eligible persons and families acquiring, improving, or rehabilitating single-family residential housing in Georgia mortgage credit certificates or any other federal income tax credit or other advantage under Section 103A of the Internal Revenue Code of 1954, as amended, or under any other provisions of the Internal Revenue Code of 1986. The authority shall have the power and the authority to take all steps, make all conditions, and do all things necessary in order to issue such certificates, credit, or other advantage, including, but not limited to, enforcing and carrying out that program. The issuance of such certificates, credit, or other advantage shall not constitute a bond, note, or other obligation of the authority; (27) To make loans, grants, or otherwise provide financial assistance to persons and families to install residential energy-conserving systems, devices, and measures, and to otherwise provide financial assistance to ensure the availability and affordability of public utilities;.

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Section 6. Said article is further amended by striking at the end of paragraph (30) of subsection (a) of said Code Section 8-3-176 the following: ;and, and inserting in its place a semicolon, by striking the period at the end of paragraph (31) of said subsection (a) and inserting in its place the following: ;and, and by adding immediately thereafter a new paragraph (32) to read as follows: (32) To allocate and issue low-income housing credits under Section 42 of the Internal Revenue Code of 1986 and to take all other actions necessary or convenient to the implementation and administration of the low-income housing credit program. Section 7. Said article is further amended by striking subsection (d) of said Code Section 8-3-176 and inserting in its place the following: (d) With respect to the original issue of a qualified mortgage bond, at least one-third of the proceeds initially shall be set aside to finance single-family housing units in the metropolitan statistical areas of this state and one-third of the proceeds initially shall be set aside to finance single-family housing units outside of the metropolitan statistical areas of this state. The time period for the initial geographic set-asides shall be as provided in the bond documents but in no event shall such time period for the set-asides be less than four months from the date of issuance of the bonds. For the purpose of this geographic distribution requirement, no county with a population of less than 50,000 shall be considered as being within a metropolitan statistical area of this state. No geographic distribution requirement shall apply to multifamily housing units financed by the authority.

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Section 8. Said article is further amended by striking subsection (f) of said Code Section 8-3-176 and inserting in its place a new subsection (f) to read as follows: (f) The authority shall have the power to pay or credit to the mortgagors or to pay to the United States a portion of the earnings from nonmortgage investments made with the proceeds of a bond issue, as required by the Mortgage Subsidy Bond Tax Act of 1980 or by the Internal Revenue Code of 1986. Section 9. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 8-3-180, relating to the issuance of revenue bonds, and inserting in its place the following: (a) (1) The authority shall have the power and is authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including, but not limited to, the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families, and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; and for the acquisition of construction loan certificates and project loan certificates to finance the making of mortgage loans in connection with acquisition, construction, or rehabilitation of residential rental housing; to finance the making of mortgage loans in connection with the refinancings of residential rental housing; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1987. PUBLIC RETIREMENT SYSTEMS STANDARDS LAW REDUCTION IN COST AMENDMENTS; AMENDMENT OF NONFISCAL RETIREMENT BILLS; ACTUARIAL INVESTIGATIONS; CONCURRENT FUNDING. Code Title 47, Chapter 20 Amended. No. 168 (House Bill No. 354). AN ACT To amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the Public Retirement Systems Standards Law, so as to change the provisions relating to definitions; to provide for reduction in cost amendments to retirement bills having a fiscal impact; to change the provisions relating to the amendment of nonfiscal retirement bills, to change the provisions relating to retirement bills having a fiscal impact, actuarial investigations, and concurrent funding; to provide procedures for determining compliance with concurrent funding requirements; 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. Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the Public Retirement Systems Standards Law, is amended by striking paragraphs (19) and (21) of Code Section 47-20-3, relating to definitions, in their entirety and substituting in lieu thereof, respectively, new paragraphs (19) and (21) to read as follows:

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(19) `Local governing authority' means the council, board of aldermen, board of commissioners, commissioner, local board of education, or other person or body of persons entrusted by law with the administration, management, and control of the fiscal affairs of a political subdivision. (21) `Political subdivision' means any county, municipality, or local school district of this state or any authority created for or on behalf of any such political subdivision or created for or on behalf of any combination of such political subdivisions. Section 2. Said chapter is further amended by striking paragraphs (4) and (5) of Code Section 47-20-30, relating to definitions applicable to retirement bills considered by the General Assembly, which read as follows: (4) `Nonfiscal retirement bill' means any retirement bill which: (A) Affects provisions of a retirement system other than those relating to benefits, employer contributions, employee contributions, normal costs, actuarial accrued liability, or other financial or funding factors of the retirement system; or (B) Affects one or more provisions of a retirement system relating to benefits, employer contributions, employee contributions, normal costs, actuarial accrued liability, or other financial or funding factors of the retirement system but only in a manner which: (i) Does not create an actuarial accrued liability of a retirement system if the retirement system had no such liability; (ii) Does not increase the normal costs or the employer contributions of the retirement system; (iii) Does not increase the actuarial accrued liability of the retirement system; or (iv) Causes a net decrease in the actuarial accrued liability of the retirement system; or

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(C) Affects provisions of a retirement system in a manner combining the effects described in subparagraphs (A) and (B) of this paragraph. (5) `Retirement bill having a fiscal impact' means: (A) Any retirement bill having the effect of creating or establishing a new retirement system; or (B) Any retirement bill affecting a retirement system by any one or more of the following methods: (i) By granting a benefit increase under the retirement system; (ii) By creating an actuarial accrued liability of the retirement system if the retirement system had no such liability; (iii) By increasing the normal costs or the employer contributions of the retirement system; or (iv) By increasing the actuarial accrued liability of the retirement system. in their entirety and substituting in lieu thereof new paragraphs (4) through (6) to read as follows: (4) `Nonfiscal retirement bill' means a retirement bill which does not affect the cost or funding factors of a retirement system or a retirement bill which affects such factors only in a manner which does not: (A) Grant a benefit increase under the retirement system affected by the bill; (B) Create an actuarial accrued liability for or increase the actuarial accrued liability of the retirement system affected by the bill; or (C) Increase the normal cost of the retirement system affected by the bill. (5) `Reduction in cost amendment' means an amendment to a retirement bill having a fiscal impact which reduces

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the cost of the bill as such cost is determined by the actuarial investigation for the bill prepared pursuant to Code Section 47-20-36. (6) `Retirement bill having a fiscal impact' means any retirement bill creating or establishing a retirement system and any other retirement bill other than a nonfiscal retirement bill. Section 3. Said chapter is further amended by striking Code Section 47-20-33, relating to amendments to nonfiscal retirement bills, in its entirety and substituting in lieu thereof a new Code Section 47-20-33 to read as follows: 47-20-33. (a) After its introduction into the General Assembly, a nonfiscal retirement bill may not be amended in any manner to cause the bill to become a retirement bill having a fiscal impact. Any amendment to such a bill shall be submitted to the state auditor by the chairman of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment does not cause the bill to become a retirement bill having a fiscal impact, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. (b) An amendment to a nonfiscal retirement bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.

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(c) A nonfiscal retirement bill which is not amended during the legislative process may be considered as any other bill. Section 4. Said chapter is further amended by striking subsection (a) of Code Section 47-20-35, relating to committee consideration of retirement bills having a fiscal impact, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A retirement bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 47-20-36 by not later than the first day of August immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House for the House committee, during the period beginning with the day following the close of the session and ending on July 15 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Retirement shall be authorized to meet with the Senate Committee on Retirement to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House, the Senate Committee on Retirement shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on retirement shall receive the expenses and allowances provided by law for members of legislative interim committees. If a retirement bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized.

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Section 5. Said chapter is further amended by striking Code Section 47-20-36, relating to actuarial investigations for retirement bills having a fiscal impact, in its entirety and substituting in lieu thereof a new Code Section 47-20-36 to read as follows: 47-20-36. (a) If an actuarial investigation of a retirement bill having a fiscal impact is requested under Code Section 47-20-35, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than December 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings on the following factors as such factors are relevant to the retirement bill under consideration: (1) The dollar amount of the unfunded actuarial accrued liability which will result from the bill for the retirement system affected by the bill; (2) The dollar amount of the annual normal cost which will result from the bill for the retirement system affected by the bill; (3) A statement of the employer contribution rate currently in effect for the retirement system affected by the bill; (4) A statement of the employer contribution rate, which must be in conformity with the minimum funding standards specified by Code Section 47-20-10, recommended for the retirement system affected by the bill; and (5) A statement of the dollar amount of the increase in the annual employer contribution, if an existing retirement system is affected by the bill, or a statement of the total annual employer contribution, if a new retirement system is established by the bill, which will be necessary to maintain the retirement system affected or established by the bill in an actuarially sound condition. (b) By not later than December 1 of the same year that the request for an actuarial investigation was made, the

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completed actuarial investigation shall be submitted by the state auditor to the chairman of the committee who requested it along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section. (c) The chairman of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the summary of the actuarial investigation to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original of summary of the actuarial investigation shall be attached by the Secretary of the Senate or Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee under Code Section 47-20-35, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for an actuarial investigation. Section 6 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 47-20-37, relating to the amendment of a retirement bill having a fiscal impact, in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) After completion of an actuarial investigation, any amendment to a retirement bill having a fiscal impact shall be out of order and shall not be allowed either by a committee or by the House or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a retirement bill having a fiscal impact shall be submitted to the state auditor by the chairman of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment is a nonfiscal or a reduction in cost amendment, then the bill as amended, with the state auditor's certification attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment the bill's progress in the legislative process

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will end, and the bill shall not be considered further by either the House or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. (c) An amendment to a retirement bill having a fiscal impact which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment. Section 7 . Said chapter is further amended by striking subsections (b) through (f) of Code Section 47-20-50, relating to the requirement for concurrent funding of retirement bills having a fiscal impact, in their entirety and substituting in lieu thereof new subsections (b) through (f) to read as follows: (b) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from appropriations by the General Assembly, then appropriations for the first fiscal year of effectiveness of the bill, after it becomes law, must include funds to pay the amount determined by the actuarial investigation under paragraph (5) of subsection (a) of Code Section 47-20-36, and future appropriations for subsequent fiscal years must include an amount necessary to maintain the actuarial soundness of the retirement system in accordance with the findings of the actuarial investigation. Any limitation on the rate of employer contributions that may be included in a law which is the source of authority for a retirement system affected by this subsection is amended to the extent necessary to comply with the requirements of this subsection. (c) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from portions of fines and forfeitures, then, if necessary to produce funds to pay the amount determined by actuarial investigation under paragraph (5) of subsection (a) of Code Section 47-20-36, either:

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(1) The retirement bill having a fiscal impact or parallel legislation, which must become effective concurrently with the retirement bill, must revise the portion of fines and forfeitures designated for employer contributions to pay the amount determined under paragraph (5) of subsection (a) of Code Section 47-20-36; or (2) The General Assembly by direct appropriations must supplement employer contributions from fines and forfeitures to the extent necessary to pay the amount determined under paragraph (5) of subsection (a) of Code Section 47-20-36. (d) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from the designation of the proceeds of a tax imposed by law, then either: (1) The retirement bill having a fiscal impact or parallel legislation, which must become effective concurrently with the retirement bill, must revise the tax as necessary to pay the amount determined under paragraph (5) of subsection (a) of Code Section 47-20-36; or (2) The General Assembly by direct appropriation must supplement employer contributions from the tax to the extent necessary to pay the amount determined under paragraph (5) of subsection (a) of Code Section 47-20-36. (e) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded wholly or partially from the funds of a political subdivision, that political subdivision shall have a duty to produce funds as necessary to pay all or its proportionate share of the amount determined by actuarial investigation under paragraph (5) of subsection (a) of Code Section 47-20-36. (f) When a retirement bill having a fiscal impact creates a new retirement system, then employer contributions in conformity with the minimum funding standards of Code Section 47-20-10 and in conformity with paragraph (5) of

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subsection (a) of Code Section 47-20-36 must be made to the retirement system either by direct appropriations by the General Assembly or by another source of employer contributions specifically provided for in the bill creating the new retirement system. Section 8. Said chapter is further amended by adding immediately following Code Section 47-20-50 a new Code Section 47-20-50.1 to read as follows: 47-20-50.1. (a) Following the close of each regular legislative session during which retirement bills having a fiscal impact may be enacted, the state auditor shall make a determination for each such bill enacted during such session, which is not vetoed by the Governor, of whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. (b) The director of the Office of Planning and Budget, the legislative budget analyst, retirement system administrators, and employers shall provide such information and assistance as may be necessary for the state auditor to make the determinations required by subsection (a) of this Code section. (c) The state auditor shall make the determinations required by subsection (a) of this Code section by not later than the 15th day immediately following the last day on which the Governor is authorized to veto bills following the close of each regular legislative session. The state auditor's findings shall be made in a report to the Secretary of State showing the determination for each retirement bill by reference to the respective Senate or House number for the bill. The report shall be submitted to the Secretary of State by not later than the last day on which the state auditor is required to make the determinations. The Secretary of State shall cause the state auditor's report to be printed in the annual session laws of the State of Georgia. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1987. AUGUSTA JUDICIAL CIRCUIT TERMS OF THE SUPERIOR COURT OF BURKE COUNTY. Code Section 15-6-3 Amended. No. 169 (House Bill No. 755). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of superior court for Burke County of the Augusta Judicial Circuit; to provide for related matters; 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 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking subparagraph (A) of paragraph (5) which reads as follows: (A) Burke County Second Monday in May and November., and inserting in its place a new subparagraph (A) of paragraph (5) to read as follows: (A) Burke County Fourth Monday in April and October. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1987. BANKING AND FINANCE REGIONAL INTERSTATE BANKING; MARYLAND AND THE DISTRICT OF COLUMBIA; SOUTHERN REGION STATES. Code Section 7-1-620 Amended. No. 173 (Senate Bill No. 216). AN ACT To amend Code Section 7-1-620 of the Official Code of Georgia Annotated, which contains definitions under the law relating to regional interstate banking, so as to include Maryland and the District of Columbia within the definition of Southern Region states; 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 7-1-620 of the Official Code of Georgia Annotated, which contains definitions under the law relating to regional interstate banking, is amended by striking paragraph (10) in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Southern Region states' means the States of Albama, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and the District of Columbia, which for the purposes of this chapter shall be considered a state.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 13, 1987. REAL ESTATE BROKERS AND SALESPERSONS CONTINUING EDUCATION; NONRESIDENT LICENSES; CORPORATE OR PARTNERSHIP LICENSES; TRUST ACCOUNTS; ACTIONS TO COLLECT COMMISSIONS. Code Title 43, Chapter 40 Amended. No. 174 (House Bill No. 108). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain continuing education requirements; to change the requirements relative to nonresident licenses; to change certain requirements relative to granting a broker's, associate broker's, or salesperson's license to a corporation or partnership; to provide for trust accounts; to provide that a real estate licensee who brings an action to collect a commission must show that he or she was licensed in Georgia at the time the cause of action arose; to provide for violations and fines for violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsection (d) of Code Section 43-40-8,

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relating to qualifications of licensees, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of a license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least three hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. Section 2. Said chapter is further amended by striking Code Section 43-40-9, relating to nonresident licenses, in its entirety and inserting in lieu thereof a new Code Section 43-40-9 to read as follows: 43-40-9. (a) A nonresident making application for a nonresident license must comply with this Code section. Nonresidents holding a license on June 30, 1987, shall not be required to meet the prelicense education and examination requirements of this Code section in order to continue to hold a license after that date unless they allow that license to lapse or apply for a license that requires passing a different qualifying examination. (b) A nonresident of this state may be granted a license upon meeting the age, education, and examination requirements as prescribed by the commission in Code Section 43-40-8. (c) A nonresident license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license

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of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license. A nonresident corporation must obtain from the Secretary of State a certificate of authority to act as a foreign corporation. (d) At the time of filing an application for examination, a nonresident applicant must cause the licensing body of the applicant's resident state or territory to furnish to the commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. (e) The imposition of a disciplinary action by any other lawful licensing authority may be ground for denial of a license to a nonresident or for suspension or revocation of a license issued to a nonresident. (f) Prior to the issuance of a license to a nonresident, the applicant shall file with the commission a designation in writing that appoints the commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the commissioner shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee. (g) Prior to the issuance of a license to a nonresident licensee, the applicant shall agree in writing to cooperate

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with any investigation initiated in accordance with Code Section 43-40-27 by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commission's offices or other location in Georgia as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted by this chapter. (h) The license of a resident of this state whose residency is removed from this state shall automatically be terminated. In order to conduct brokerage business in this state, such an individual must meet the requirements of this Code section, except that, if such individual applies for a nonresident's license within one year of removal of residency from this state, the prelicense education and examination requirements of Code Section 43-40-8 shall be waived. (i) Notwithstanding any other provision of this Code section, the commission and similar licensing authorities of other states may enter into written agreements which provide for waivers of education requirements and portions of examinations if the commission deems the education and examination requirements of another state to be substantially equivalent to the requirements of this chapter and its rules and regulations. However, applicants for nonresident licensure must pass an examination covering the provisions of this chapter and other real estate principles the commission deems appropriate for nonresidents. Section 3. Said chapter is further amended by striking Code Section 43-40-10, relating to the granting of a broker's, associate broker's, or salesperson's license to a corporation or partnership, in its entirety and inserting in lieu thereof a new Code Section 43-40-10 to read as follows: 43-40-10. (a) No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates an individual licensed as a broker as

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its qualifying broker who shall be responsible for assuring that the corporation or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation or partnership unless every person who acts as a licensee for such corporation or partnership shall hold a real estate license. (b) No associate broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates an individual licensed as an associate broker as its qualifying associate broker who shall be responsible for assuring that the corporation or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as an associate broker shall subject the license of the qualifying associate broker to sanction as authorized by this chapter. The qualifying associate broker shall be the only licensee of a corporation or partnership licensed as an associate broker. The license of a corporation or partnership licensed as an associate broker must be assigned to a licensed broker. The licensed associate broker corporation or partnership or qualifying associate broker may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned. (c) No salesperson's license shall be granted to a corporation or partnership unless said corporation or partnership designates an individual licensed as a salesperson as its qualifying salesperson who shall be responsible for assuring that the corporation or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as a salesperson shall subject the license of the qualifying salesperson to sanction as authorized by this chapter. The qualifying salesperson shall be the only licensee of a corporation or partnership licensed as a salesperson. The license of a corporation or partnership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson, corporation or partnership,

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or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned. Section 4. Said chapter is further amended by striking subsection (g) of Code Section 43-40-12, relating to license fees in general, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least three hours for each year the license was on inactive status. Section 5. Said chapter is further amended by adding at the end of Code Section 43-40-20, relating to the requirement of a trust or escrow checking account for real estate business, a new subsection (h) to read as follows: (h) Salespersons or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in

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which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained and the name of the account. Section 6. Said chapter is further amended by striking Code Section 43-40-24, relating to requirements for the maintenance of an action to collect compensation, and inserting in lieu thereof a new Code Section 43-40-24 to read as follows: 43-40-24. (a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of action arose. (b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any person acting in the broker's behalf was duly licensed in Georgia at the time the alleged cause of action arose. (c) No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee in Georgia at the time the alleged cause of action arose. (d) The commission by and through its commissioner may bring an action for any violation of this chapter. Section 7. Said chapter is further amended by striking that portion of subsection (a) of Code Section 43-40-25, relating to violations, which precedes paragraph (1) of said subsection and inserting in lieu thereof the following: (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools

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or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:. Section 8. Said chapter is further amended by striking paragraphs (16) and (25) of subsection (a) of Code Section 43-40-25, relating to violations, and inserting in their respective places new paragraphs (16) and (25) to read as follows: (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage; (25) Having demonstrated incompetency to act as a real estate broker or salesperson in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing;. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1987.

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CRIMES AND OFFENSES REPEAL, REPEAL AND REENACTMENT, OR AMENDMENT OF CRIMINAL LAWS; EFFECT ON PENDING PROSECUTIONS. Code Section 16-1-11 Enacted. No. 175 (Senate Bill No. 230). AN ACT To amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to supersede and abolish the rule of common law stated by the Supreme Court of Georgia in the case of Robinson v. The State , 256 Ga. 564 (1986) that when a statute making described conduct a crime is repealed prior to final judgment on a conviction, the repeal ends the prosecution if the legislature has not provided otherwise in a saving clause; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law; to provide that prosecutions of such crimes shall not be abated as the result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, is amended by adding at the end thereof a new Code Section 16-1-11 to read as follows: 16-1-11. The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which

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occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1987. CRIMES AND OFFENSES CONTROLLED SUBSTANCES; DANGEROUS DRUGS; LISTS; WITHHOLDING INFORMATION FROM A PRACTITIONER. Code Sections 16-13-25, 16-13-26, 16-13-28, 16-13-43, and 16-13-71 Amended. No. 178 (House Bill No. 169). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended

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by striking from paragraph (1) of Code Section 16-13-25, relating to Schedule I controlled substances, subparagraph (A.1), which reads as follows: (A.1) Alfentanil;, and by adding at the end of paragraph (3) thereof the following new subparagraph: (EE) Para-flurofentanyl;. Section 2. Said chapter is further amended by striking from paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances, subparagraph (A) thereof, which reads as follows: (A) Alphaprodine;, and inserting in its place two new subparagraphs to read as follows: (A) Alfentanil; (A.1) Alphaprodine;, and by adding at the end of said paragraph (2) a new subparagraph to read as follows: (V) Sufentanil;. Section 3. Said chapter is further amended by striking subparagraph (E) of paragraph (3) of said Code Section 16-13-26, which reads as follows: (E) Sufentanil;. Section 4. Said chapter is further amended by striking the period at the end of subparagraph (C) of paragraph (4) of said Code Section 16-13-26 and inserting in its place a semicolon and by adding immediately thereafter a new paragraph to read as follows: (5) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U. S. Food and Drug Administration approved drug product.

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Section 5. Said chapter is further amended by adding in the appropriate paragraph positions in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following new paragraphs: (2.1) Bromazepam; (2.2) Camazepam; (5.1) Clobazam; (7.1) Clotiazepam; (7.2) Cloxazolam; (7.3) Delorazepam; (11.1) Estazolam; (13.1) Ethyl loflazepate; (14.1) Flunitrazepam; (16.1) Haloxazolam; (16.2) Ketazolam; (16.3) Lometazepam; (16.4) Loprazolam; (19.1) Medazepam; (22.1) Midazolam; (22.2) Nimetazepam; (22.3) Nitrazepam; (22.4) Nordiazepam; (23.1) Oxazolam; (29.1) Pipradrol;

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(30.1) Quazepam; (30.2) SPA (-)-1-dimethylamino-1, 2-diphenylethane;. Section 6. Said chapter is further amended by striking at the end of paragraph (4) of subsection (a) of Code Section 16-13-43, relating to unauthorized distribution of controlled substances, the following: ; or, and inserting in its place a semicolon, by striking the period at the end of paragraph (5) of that subsection and inserting in its place the following: ; or, and by adding immediately thereafter a new paragraph to read as follows: (6) To withhold information from a practitioner that such person has obtained a controlled substance of a similar therapeutic use in a concurrent time period from another practitioner. Section 7. Said chapter is further amended by striking paragraphs (152.1) and (152.2) of subsection (b) of Code Section 16-13-71, relating to dangerous drugs, and by adding in the appropriate paragraph positions in said subsection (b) the following new paragraphs: (42.1) Amiodarone; (116.1) Buproprion; (119.1) Butoconazole nitrate; (144.1) Carnitine; (152.1) Ceforanide; (152.2) Cefotaxime sodium;

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(152.3) Cefotetan disodium; (192.1) Cilastatin sodium; (198.1) Clobetasol propionate; (311.1) Disibind; (331.1) Enalapril; (470.1) Indium IN 111 oxyquinolone; (475.1) Iobexol; (487.1) Iopamidol; (509.15) Ketoprofen; (516.1) Levobunolol hydrochloride; (615.01) Mexiletine; (629.1) Nabilone; (704.1) Permetbrin; (928.1) Suprofen; Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1987.

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INTANGIBLE PERSONAL PROPERTY TAXESCORPORATE STOCK; DOMESTICATED FOREIGN CORPORATION DEFINED. Code Sections 48-6-20, 48-6-22, and 48-6-25 Amended. No. 180 (House Bill No. 724). AN ACT To amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangible personal property, so as to revise provisions relating to certain corporations; to provide a definition to clarify the meaning of the term domesticated foreign corporation; to clarify that the stock of foreign subsidiary corporations held by a foreign parent corporation headquartered in this state does not have a taxable situs in this state; to exempt certain stock from intangible taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangible personal property, is amended in Code Section 48-6-20, relating to definitions concerning the taxation of intangible personal property, by inserting immediately following paragraph (3) a new paragraph, to be designated paragraph (3.1) of Code Section 48-6-20 and to read as follows: (3.1) `Domesticated foreign corporation' means: (A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated foreign corporation on that date; or (B) A foreign corporation which has procured a certificate of authority to transact business in this state from the Secretary of State and which maintains its corporate headquarters in this state.

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Section 2. Said article is further amended by striking Code Section 48-6-25, relating to the taxation of intangible personal property owned by resident and nonresident persons, and inserting in its place a new Code section to read as follows: 48-6-25. Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corporation whose corporate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not otherwise be deemed to have a taxable situs in this state. Section 3. Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from the taxation of intangible personal property is amended by inserting immediately following paragraph (15) a new paragraph, to be designated (16), to read as follows: (16) Stock held in a foreign corporation which was a party to a reorganization with a Georgia corporation prior to January 1, 1986, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 and the stock of which Georgia corporation was exempt from such tax prior to such reorganization. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1987.

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THE CREDIT CARD AND CREDIT CARD BANK ACT ENACTMENT; THE LENDER CREDIT CARD ACT REPEALED. Code Title 7, Chapter 5 Revised. Code Section 7-4-2 Amended. No. 182 (Senate Bill No. 254). AN ACT To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to authorize any domestic lender, foreign lender, or holding company to organize, own, and control a credit card bank subject to the approval of the commissioner of banking and finance; to provide for a short title; to define certain terms; to provide for the terms and conditions under which a credit card bank may be organized, owned, and controlled; to provide that in connection with a credit card account a domestic lender or credit card bank may impose such finance charges, interest rates, charges for cash advances, overlimit charges, late fees, or delinquency charges, premiums on credit life and credit accident and health insurance, annual fees, and such other charges and costs and may provide in the credit card agreement such other terms and conditions, as the lender and the debtor may agree to from time to time; to provide that all credit card banks organized under the laws of this state shall be subject to the supervision, regulation, and examination of the Department of Banking and Finance; to authorize the department to exercise all of its enforcement powers with respect to credit card banks; to provide that the department may order credit card banks to cease all operations under certain conditions; to provide that the department may impose civil penalties for failure to abide by such order; to authorize the department to require divestiture of a credit card bank under certain conditions; to authorize the department to promulgate rules and regulations; to provide that credit card banks shall be subject to all other banking laws except when any rights, powers, privileges, or provisions thereof are inconsistent with the rights, powers, privileges, provisions, or limitations of Chapter 5 of Title 7; to provide that a credit card bank shall not be considered a bank for the purpose of certain banking laws; to provide for editorial revisions;

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to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 5 of said title, known as The Lender Credit Card Act, in its entirety and substituting in lieu thereof a new Chapter 5 to read as follows: CHAPTER 5 7-5-1. This chapter shall be known and may be cited as `The Credit Card and Credit Card Bank Act.' 7-5-2. As used in this chapter, the term: (1) `Affiliate' means the same as that set forth in paragraph (1) of Code Section 7-1-4. (2) `Commissioner' and `department' shall have the meanings provided in paragraphs (13) and (16) of Code Section 7-1-4. (3) `Credit card' means any type of arrangement or loan agreement pursuant to which a domestic lender or credit card bank gives a debtor the privilege of using a credit card or other credit confirmation or device of any type in transactions out of which debt arises: (A) By the domestic lender or credit card bank honoring a draft or similar order for the payment of money created, authorized, issued, or accepted by the debtor; or (B) By the domestic lender or credit card bank paying or agreeing to pay the debtor's obligation. (4) `Credit card account' means an arrangement between a domestic lender or credit card bank and a debtor for the creation of debt pursuant to a credit card and under which:

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(A) The domestic lender or credit card bank may permit the debtor to create debt from time to time; (B) The unpaid balance of principal of such debt and the loan, finance, or other appropriate charges are debited to an account; (C) A loan finance charge is computed or an interest rate imposed upon the outstanding balances of the debtor's account from time to time; and (D) The domestic lender or credit card bank is to render bills or statements to the debtor at regular intervals, the amount of which bills or statements is payable by and due from the debtor on a specified date as stated in such bill or statement or, at the option of the debtor, but subject to the terms and conditions of the credit card account, may be paid by the debtor in installments. (5) `Credit card bank' means a national bank located in this state or a bank organized under the laws of this state which, in either event, the activities of which are limited to those permitted under Code Section 7-5-3. (6) `Domestic lender' means any bank, savings and loan association, savings bank, credit union, or other business organization organized or chartered under the laws of this state or the United States, which in any event is authorized by law to accept deposits and make loans and has its principal place of business in this state. (7) `Foreign lender' means any bank, savings and loan association, savings bank, credit union, or other business organization organized or chartered under the laws of the United States, or any state other than this state, or the District of Columbia, which in any event is authorized by law to accept deposits and make loans and has its principal place of business outside this state. (8) `Holding company' means any company that controls a domestic or foreign lender. The term `company' and `control' shall have the meanings set forth in Code Section 7-1-605.

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(9) `Qualifying organization' means a corporation, partnership, or other entity which at all times maintains an office in the State of Georgia at which it employs at least 250 persons residing in this state which are directly engaged in providing the following services, either for the qualifying organization or on behalf of other domestic or foreign lenders or credit card banks: (A) The distribution of credit cards or other devices designed and effective to access credit card accounts; (B) The preparation of periodic statements of amounts due under credit card accounts; (C) The receipt from credit card holders of amounts paid on or with respect to such accounts; and (D) The maintenance of financial records reflecting the status of such accounts from time to time. The term `qualifying organization' shall also include any domestic bank and credit card bank satisfying the employment and activities requirements set forth in this paragraph. 7-5-3. Subject to the provisions of this chapter and to the approval of the commissioner, any domestic lender, foreign lender, or holding company may organize, own, and control a credit card bank on the terms and conditions provided in this Code section: (1) If the credit card bank is to be organized under the laws of this state, such bank shall be organized as provided in Part 8 of Article 2 of Chapter 1 of this title; (2) In connection with the application to organize, or to own and control a credit card bank, the applicant shall pay a filing fee of $15,000.00 to the department; (3) The shares of a credit card bank shall be owned solely by a domestic lender, a foreign lender, or a holding company;

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(4) The credit card bank shall conduct its business only from a single location in this state; (5) The credit card bank shall at all times maintain capital stock and paid-in surplus as required by regulatory policies of the department but in no event less than $2 million; (6) The credit card bank may only engage in the business of soliciting, processing, and making loans pursuant to credit card accounts and conducting such other activities as may be necessary incidents thereto; (7) The credit card bank may accept deposits only from affiliates of the credit card bank having their principal places of business outside of this state; (8) The credit card bank must operate in a manner that is not likely to attract customers from the general public in this state to the substantial detriment of other domestic lenders; (9) The credit card bank shall have, within one year of the date it commences operations, no fewer than 50 employees located in this state devoted to its credit card activities; provided, however, where the credit card bank contracts with a qualifying organization for the performance of services incidental to offering credit card activities, the minimum number of employees in this state shall be determined by the commissioner at a level to assure the continued and substantive presence of the credit card bank in this state for the purpose of conducting its corporate affairs and performing the credit underwriting function and such other activities not subject to contract with the qualifying organization as may be incidental to its servicing of credit card accounts; and (10) A domestic lender is not required to establish a credit card bank to issue credit cards and create credit card accounts. 7-5-4. Notwithstanding the provisions of any other law, in connection with a credit card account a domestic lender

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or credit card bank may impose such charges for cash advances, overlimit charges, late fees or delinquency charges, premiums on credit life and credit accident and sickness insurance, annual fees and such other charges and costs and may provide in the credit card agreement such other terms and conditions as the lender or bank and the debtor may agree from time to time. Further, in addition to and apart from the charges and fees set forth above, in connection with a credit card account a domestic lender or credit card bank may impose such finance charges and interest rates as the lender or bank and the debtor may from time to time agree, subject only to the provisions of Code Sections 7-4-4 and 7-4-18. In the event a lender desires to modify in any respect any portion of the credit card account, it shall first provide at least 30 days' prior written notice of such modification. In providing such notice, the lender shall notify the debtor in writing that the debtor has the right to surrender the credit card whereupon the debtor shall have the right to continue to pay off his credit card account in the same manner and under the same terms and conditions as then in effect. The failure to surrender the card within the 30 day period shall constitute a consent to the modification. 7-5-5. (a) All credit card banks organized under the laws of this state shall be subject to the supervision, regulation, and examination of the department, and the department shall have all enforcement powers with respect thereto as are provided in Chapter 1 of this title. (b) In the event any credit card bank does not conduct its activities within the limitations provided in Code Section 7-5-3, the department may require such credit card bank to cease all unauthorized activities. In the event such credit card bank fails to abide by such order, the department may in addition to all other rights, remedies, and powers it may have under Chapter 1 of this title: (1) Impose upon the credit card bank or its parent holding company or domestic lender or foreign lender a penalty of up to $10,000.00 per day for each day such order is violated; and (2) Require divestiture of such credit card bank by any domestic lender, foreign lender, or holding company

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not qualified to acquire such credit card bank on the date it ceased to operate within the limitations imposed by Code Section 7-5-3 and became a `bank' for purposes of Part 18 or Part 19 of Article 2 of Chapter 1 of this title. (c) The department shall have the power to promulgate rules and regulations implementing the provisions of this chapter. 7-5-6. (a) A credit card bank shall be subject to the provisions of Chapter 1 of this title except when any rights, powers, privileges, or provisions of Chapter 1 of this title are inconsistent with the rights, powers, privileges, provisions, or limitations of this chapter. (b) A credit card bank shall not be considered a `bank' for the purposes of Part 18 or Part 19 of Article 2 of Chapter 1 of this title; provided, however, every domestic lender, foreign lender, or holding company owning a credit card bank shall be subject to the provisions of Code Section 7-1-607. Section 2. Said title is further amended by striking subsection (c) of Code Section 7-4-2, relating to the legal rate of interest and the maximum rate of interest generally, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Nothing contained in this Code section shall be construed to amend or modify the provisions of the `Georgia Industrial Loan Act,' the `Retail Installment and Home Solicitation Sales Act,' `The Credit Card and Credit Card Bank Act,' the `Insurance Premium Finance Company Act,' Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers, and, except as provided in Code Section 7-4-3, the `Motor Vehicle Sales Finance Act.' Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1987.

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MUNICIPAL CORPORATIONS OF NOT LESS THAN 400,000 CONTRACTS NOT EXCEEDING 50 YEARS. Code Section 36-30-3 Amended. No. 183 (Senate Bill No. 263). AN ACT To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census to authorize the mayor to enter into certain contracts with private and public entities for periods not exceeding 50 years and for valuable consideration with respect to property or facilities used for certain purposes; 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 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which contracts shall be binding on such municipal corporations and on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail

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facilities, restaurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3. The limitation involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the `Urban Redevelopment Law.' Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1987. CITY OF ATLANTA LEASE OF STATE OWNED PROPERTY. No. 1 (Senate Resolution No. 45). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in the City of Atlanta, Fulton County, Georgia; and WHEREAS, said real property is described as follows: All or part of those certain tracts or parcels of land, lying and being in the City of Atlanta, Georgia, in Land Lot 77, 14th District, Fulton County, Georgia, described as all or part of the Western Atlantic Railroad air rights between Peachtree Street and Pryor Street (the property known as Plaza Park) and those air rights and support rights retained by the State of Georgia in a deed to Metropolitan Atlanta Rapid Transit Authority dated September 28, 1979, and recorded in Deed Book 7397, pages 141 through 147, Clerk's Office, Superior Court, Fulton County, Georgia (the property is known as Meat Row Strip (325[prime] [times] 31[prime])), both shown on Western Atlantic Railroad Valuation Map No. V301/S-1A B, which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia (said tracts or parcels shall be more particularly described by a plat of survey prepared or obtained by the City of Atlanta and presented to and approved by the State Properties Commission); and WHEREAS, a resolution permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western Atlantic Railroad property, approved March 8, 1945 (Ga. L. 1945, p. 1221), was amended by a resolution approved March 14, 1984 (Ga. L. 1984, p. 491), which amendatory resolution prohibits the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza constructed over Western Atlantic Railroad property prior to a certain date without the written approval of the State Properties Commission; and WHEREAS, these areas are needed by the City of Atlanta in the development of the Underground Atlanta project; and WHEREAS, the City of Atlanta needs to obtain a long-term interest for 50 years in this property in order to secure certain financial obligations in the construction of the Underground area; and

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WHEREAS, the state recognizes the need for the revitalization of the Underground Atlanta area and approves of the city's utilization of the above-described property in this project. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the lease agreement of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the lease agreement of the above-described real property shall be conditioned upon the lessee of the Western Atlantic Railroad, CSX Transportation, Inc., formerly known as Seaboard System Railroad, granting its written permission to the City of Atlanta in said project and confirming such grant with the State Properties Commission by appropriate instrument. Section 3. That the State Properties Commission is authorized to lease for a 50 year term beginning in calendar year 1987 any or all of the above-described property to the City of Atlanta for a consideration of $10.00, provided all other State of Georgia related real property transfers are consummated prior to or simultaneous with the execution of this lease. Section 4. That the 50 year lease agreement shall expire upon the nonparticipation by the City of Atlanta in the project known as Underground Atlanta. Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A., requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the leasing of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved March 19, 1987. GRIFFIN JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 315 (House Bill No. 182). AN ACT To provide for an additional judge of the superior courts of the Griffin Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge; to provide for the powers, duties, and compensation of said additional judge; to provide for rules of procedure; to provide for facilities and equipment; to provide for authority of the senior judge; to provide for applicability; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to increase to three the number of judges for the Griffin Judicial Circuit; 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. Effective July 1, 1987, a new judge is added to the Griffin Judicial Circuit. The initial judge added by this Act shall be appointed by the Governor to take office on July 1, 1987, for a term expiring on December 31, 1988. A successor to the initial judge appointed by the Governor shall be elected in the manner provided by law for the election of judges of the superior courts at the general election of 1988 to take office on January 1, 1989, for a term of four years and until a successor

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is elected and qualified. Thereafter, successors shall be elected in the manner provided by law for the election of superior court judges at the general election immediately preceding the expiration of the term of office to take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified. Section 2. The additional judge of the Griffin Judicial Circuit provided for by this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of other judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as a judge thereof. Section 3. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as the other judges of the Griffin Judicial Circuit. Said additional judge shall receive the same salary supplement from county funds which is received by each of the other judges of the Griffin Judicial Circuit. Section 4. Upon and after qualification of the additional judge of the superior court for the Griffin Judicial Circuit of Georgia, the three judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement among said judges affecting the duties and responsibilities of the judges of the superior court for the Griffin Judicial Circuit, the decision of the senior judge in terms of current, continuous, uninterrupted service shall be controlling. Section 5. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before all of them at the same time.

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Section 6. Upon request of any of the judges, the governing authorities of the counties comprising the Griffin Judicial Circuit are authorized to furnish the judges of said court with suitable courtroom facilities, office space, telephone, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized in this section are declared to be an expense of court and payable out of the county treasury. Section 7. The judge of said court, senior in terms of current, continuous, uninterrupted service as a judge of the superior court, shall be the chief judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as otherwise provided in this Act. Section 8. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 9. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (19) in its entirety and inserting in lieu thereof a new paragraph (19) to read as follows: (19) Griffin Circuit 3 Section 10. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the purpose of allowing the Governor to appoint an additional judge of the Griffin Judicial Circuit to take office on July 1, 1987, as provided in Section 1 of this Act. This Act shall be effective for all purposes on July 1, 1987. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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VOLUNTEER LEGAL SERVICE AGENCIES IN COUNTIES OF 550,000 OR MORE FEES. No. 316 (House Bill No. 275). AN ACT To amend an Act providing for volunteer legal service agencies in certain counties, approved March 13, 1979 (Ga. L. 1979, p. 3131), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4451), and an Act approved March 12, 1984 (Ga. L. 1984, p. 4092), so as to change certain fees; 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 for volunteer legal service agencies in certain counties, approved March 13, 1979 (Ga. L. 1979, p. 3131), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4451) and an Act approved March 12, 1984 (Ga. L. 1984, p. 4092), is amended by striking subsection (a) of Section 4 thereof, which reads as follows: (a) In all counties in this State having a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census, there shall be collected by the clerk of the State Court of the county and by the clerk of the magistrate court of the county in addition to any other fees or charges authorized by law, a fee of $1 from the plaintiff or other moving party in each civil suit, action, or proceeding for which fees are required to be paid by such party. Such fee shall be charged only once in each case, shall be charged at the time of filing of the first papers in the action, and shall not apply to cases filed in a small claims division of such court., and inserting in lieu thereof a new subsection (a) to read as follows: (a) In all counties in this State having a population of 550,000 or more according to the United States decennial

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census of 1970 or any future such census there shall be collected by the clerk of the state court of the county a fee of $1.00 and by the clerk of the magistrate court of the county a fee of $3.00. These fees shall be collected, in addition to any other fees or charges authorized by law, from the plaintiff or other moving party in each civil suit, action, or proceeding for which fees are required to be paid by such party. Such fees shall be charged only once in each case and shall be charged at the time of filing of the first papers in the action. 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 such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987. HOUSING AUTHORITIES PRIVATE ENTERPRISE AGREEMENTS FOR MANAGEMENT OF PROJECTS OR CREDIT ENHANCEMENT; INVESTMENT OF FUNDS; BONDS. Code Sections 8-3-3, 8-3-30, and 8-3-74 Amended. No. 317 (House Bill No. 309). AN ACT To amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Housing Authorities Law, so as to change certain definitions; to provide for a definition of private management agreement; to provide a clarification of certain powers of housing authorities; to provide for the sale of bonds by an authority on a negotiated basis under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Housing Authorities Law, is amended by striking in its entirety division (10)(A)(ii) of Code Section 8-3-3, relating to definitions concerning housing authorities, and inserting in its place a new division (ii) to read as follows: (ii) To provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income, including the providing of buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, or gardening or for administrative, community, health, recreational, educational, welfare, or other purposes; provided, however, that a project which is or is expected to be subject to a private enterprise agreement shall qualify as a `housing project' within the meaning of this article if at least 20 percent of the project is occupied by persons of low income; or. Section 2 . Said article is further amended by inserting immediately following paragraph (13) of Code Section 8-3-3, relating to definitions concerning housing authorities, a new paragraph, to be designated paragraph (13.1), to read as follows: (13.1) `Private enterprise agreement' means a contract between a housing authority and a person or entity operating for profit for the management of a housing project or for the development of and the provision of credit enhancement with respect to a housing project. Section 3 . Said article is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 8-3-30, relating to the general powers of housing authorities, and inserting in its place a new paragraph (5) to read as follows: (5) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control, anything in any other

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law to the contrary notwithstanding; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be canceled;. Section 4 . Said article is further amended by striking in its entirety Code Section 8-3-74, relating to the sale of bonds at public sale or by private sale to the federal government, and inserting in its place a new Code Section 8-3-74 to read as follows: 8-3-74. The bonds may be sold at not less than par at public sale held after notice has been published once at least five days prior to such sale in a newspaper having a general circulation in the city or the county and in a financial newspaper published in the City of New York, New York, or in the City of Atlanta, Georgia, provided that such bonds may be sold at not less than par to the federal government or to an institution insured by an agency of the federal government at private sale without any public advertisement; provided, further, that bonds issued with respect to projects which are or are expected to be subject to a private enterprise agreement with respect to the project may be sold on a negotiated basis without public sale or notice thereof. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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AD VALOREM TAXESPREFERENTIAL ASSESSMENT OF REAL PROPERTY DEVOTED TO AGRICULTURAL PURPOSES; PENALTIES FOR BREACH OF COVENANT; CHANGE OF OWNERSHIP. Code Section 48-5-7.1 Amended. No. 318 (House Bill No. 327). AN ACT To amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to change the penalties imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes; to change provisions relating to continuation of preferential assessment after change of ownership; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, is amended by striking subsection (g) which reads as follows: (g) A penalty shall be imposed under this subsection if, during the first nine years of the period of the original covenant, excluding renewals, entered into by a taxpayer, the covenant is breached. The amount of the penalty shall be computed as follows: (1) If the property has received preferential assessment for fewer than five tax years, multiply the total amount by which such preferential assessment has reduced taxes otherwise due for those years times: (A) A factor of five if the property has received preferential assessment for one year;

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(B) A factor of 2.5 if the property has received preferential assessment for two years; (C) A factor of 1.66 if the property has received preferential assessment for three years; or (D) A factor of 1.25 if the property has received preferential assessment for four years; or (2) If the property has received preferential assessment for five or more tax years, total the amount by which such preferential assessment has reduced taxes which would have otherwise been due for: (A) The five tax years for which preferential assessment was granted if the property has received preferential assessment for five years; (B) The four most recent tax years for which preferential assessment was granted if the property has received preferential assessment for six years; (C) The three most recent tax years for which preferential assessment was granted if the property has received preferential assessment for seven years; (D) The two most recent tax years for which preferential assessment was granted if the property has received preferential assessment for eight years; or (E) The one most recent tax year for which preferential assessment was granted if the property has received preferential assessment for nine years; and (3) Multiply the amount determined under paragraph (1) or (2) of this subsection times a factor of three., and inserting in its place a new subsection (g) to read as follows: (g) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be computed by multiplying the amount by which the preferential assessment

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has reduced taxes otherwise due for the year in which the breach occurs times: (1) A factor of five if the breach occurs in the first or second year of the covenant period; (2) A factor of four if the breach occurs during the third or fourth year of the covenant period; (3) A factor of three if the breach occurs during the fifth or sixth year of the covenant period; or (4) A factor of two if the breach occurs in the seventh, eighth, ninth, or tenth year of the covenant period. Section 2. Said Code section is further amended by striking subsection (k) and inserting in its place a new subsection (k) to read as follows: (k) All applications for preferential assessment, including the covenant agreement required under this Code section, shall be filed before January 1 of the tax year for which such preferential assessment shall be first applicable. An application for continuation of preferential assessment upon a change in ownership of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. Section 3. Said Code section is further amended by striking subsections (q) and (r) and inserting in their place new subsections to read as follows: (q) (1) In any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure

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debt, or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply if: (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (g) of this Code section. (2) When a breach occurs solely as a result of a foreclosure which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year in which the covenant is breached. (3) A penalty imposed under this subsection shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (r) (1) In any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in agricultural use, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply. The penalty specified by paragraph (2) of this subsection shall likewise be substituted for the penalty specified by subsection (g) of this Code section in any case in which a covenant is

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breached solely as a result of a medically demonstrable illness or disability which renders the operator of the real property physically unable to continue the property in agricultural use, provided that the alternative penalty shall apply in this case only if the operator of the real property is a member of the family owning a family-farm corporation which owns the real property. (2) When a breach occurs which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year during which the covenant is breached. (3) A penalty imposed under this subsection shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (4) Prior to the imposition of the alternative penalty authorized by this subsection in lieu of the penalty specified by subsection (g) of this Code section, the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability which meets the qualifications of paragraph (1) of this subsection. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1 and 3 of this Act shall apply to breaches occurring on or after said effective date. Section 2 of this Act shall apply with respect to changes of ownership occurring during calendar year 1986 or at any time thereafter. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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COURTS COURT OF APPEALS; ORAL ARGUMENTS; OFFICE OF SENIOR APPELLATE COURT JUSTICE AND SENIOR APPELLATE COURT JUDGE CREATED. Code Section 15-3-1 Amended. Code Title 15, Chapter 3A Enacted. No. 319 (House Bill No. 614). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the Court of Appeals may hear oral arguments at places other than the seat of government and provide for notices relating thereto; to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge; to provide for definitions; to provide eligibility requirements and appointment procedures; to provide for certain restrictions and limitations on persons appointed to such offices; to provide for the exercise of judicial power by persons appointed to such offices; to provide for compensation and expenses; to provide for resignations; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end of Code Section 15-3-1, relating to composition of the Court of Appeals, a new subsection (f) to read as follows: (f) The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings. Section 2. Said title is further amended by adding a new chapter immediately following Chapter 3, to be designated Chapter 3A, to read as follows:

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CHAPTER 3A 15-3A-1. As used in this chapter, the term: (1) `Senior Appellate Court Judge' means a Judge, Presiding Judge, or Chief Judge of the Court of Appeals appointed to the office created by this chapter. (2) `Senior Appellate Court Justice' means an Associate Justice, Presiding Justice, or Chief Justice of the Supreme Court appointed to the office created by this chapter. 15-3A-2. There is created the office of Senior Appellate Court Justice and the office of Senior Appellate Court Judge. Any Justice of the Supreme Court or Judge of the Court of Appeals who retires pursuant to the provisions of laws of the state retirement system applicable to such Justice or Judge at the time of such Justice's or Judge's retirement may, at such Justice's or Judge's option, be eligible for appointment by the Governor to the office of Senior Appellate Court Justice or Judge. Any former member of the Supreme Court or Court of Appeals who is retired or who retires on or after the effective date of this chapter pursuant to the laws of the retirement system applicable to such Justice or Judge at the time of such Justice's or Judge's retirement, may at such Justice's or Judge's option, become eligible for appointment to the office of Senior Appellate Court Justice or Judge upon written application being made to the Governor. All persons appointed to the office of Senior Appellate Court Justice or Judge shall hold such office for life, subject to the same laws, rules, and regulations for removal or discipline of sitting members of the Supreme Court and Court of Appeals. A Senior Appellate Court Justice or Judge, while holding that office, shall not be eligible for election or appointment to any other nonjudicial public office in this state, and such Senior Appellate Court Justice or Judge may not practice law during such Justice's or Judge's tenure as a Senior Appellate Court Justice or Judge. For purposes of this Code section, participation as an arbitrator shall not be deemed the practice of law. 15-3A-3. A Senior Appellate Court Justice or Judge may exercise judicial power in the Supreme Court, Court of Appeals, superior court, and all other courts of this state upon

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the request and the consent of a majority of the judges of the requesting court. 15-3A-4. A Senior Appellate Court Justice or Judge while serving in any of the courts provided for in Code Section 15-3A-3 shall be entitled to receive the same travel, per diem, and pay allowances now or hereafter authorized to be paid to senior judges of the superior court when called. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation for any of such courts, upon a certificate by the Senior Appellate Court Justice or Judge as to the number of days served or the expenses and mileage incurred. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Appellate Court Justice or Judge. 15-3A-5. If a Senior Appellate Court Justice or Judge determines to seek nonjudicial elective public office, accepts appointment to a public office, practices law, or for any reason determines that senior status provided for in this chapter is no longer desirable, such Justice or Judge shall resign such Justice's or Judge's office and submit such Justice's or Judge's resignation to the Governor. Such resignation shall not affect or impair such Justice's or Judge's retirement pay and benefits. 15-3A-6. This chapter shall apply only to those retired or retiring members of the Supreme Court and Court of Appeals who expressly indicate in writing to the Governor that they desire appointment to the office of Senior Appellate Court Justice or Judge. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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OCMULGEE JUDICIAL CIRCUIT HANCOCK COUNTY; TERMS. Code Section 15-6-3 Amended. No. 329 (Senate Bill No. 4). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms for the Superior Court of Hancock County in the Ocmulgee Judicial Circuit; 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 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, is amended by striking in its entirety subparagraph (C) of paragraph (28) and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) Hancock County Fourth Monday in March and September. Section 2. This Act shall become effective July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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OCMULGEE JUDICIAL CIRCUIT WILKINSON COUNTY; TERMS. Code Section 15-6-3 Amended. No. 330 (Senate Bill No. 23). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms for the Superior Court of Wilkinson County in the Ocmulgee Judicial Circuit; 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 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, is amended by striking in its entirety subparagraph (H) of paragraph (28) and inserting in lieu thereof a new subparagraph (H) to read as follows: (H) Wilkinson County Fourth Monday in February, first Monday in April and October, and third Monday in August. Section 2. This Act shall become effective July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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NORTHEASTERN JUDICIAL CIRCUIT HALL COUNTY; TERMS. Code Section 15-6-3 Amended. No. 335 (Senate Bill No. 219). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the term of court for the superior court of Hall County in the Northeastern Judicial Circuit; 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. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, is amended by striking subparagraph (B) of paragraph (26) thereof and inserting in its place a new subparagraph (B) to read as follows: (B) Hall County First Monday in May and November and second Monday in January and July. Section 2. This Act shall become effective on January 1, 1988. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1987.

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ETHICS IN GOVERNMENT ACT REVISION; STATE ETHICS COMMISSION; MEMBERSHIP; SECRETARY OF STATE; PERFORMANCE OF DUTIES AND FUNCTIONS FOR THE COMMISSION; CONTRIBUTIONS; ACCOUNTS; REPORTS; FINANCIAL DISCLOSURE STATEMENTS. Code Title 21, Chapter 5 Revised. No. 355 (House Bill No. 187). AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21; to provide for necessary or appropriate revisions and modernizations of matters contained in Chapter 5 of Title 21; to change certain definitions regarding ethics in government; to provide that the State Ethics Commission shall be a successor to the State Campaign and Financial Disclosure Commission; to change certain provisions limiting membership to one complete term and provide that members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission; to provide that certain reports, records, and information shall be filed with the Secretary of State; to provide that the office of the Secretary of State shall perform the ministerial functions which the State Ethics Commission may require; to provide for certain powers, duties, and authority of the office of the Secretary of State; to provide for a secretary to the State Ethics Commission; to change certain provisions relating to criminal violations; to provide for construction of the provisions of Chapter 5 of Title 21; to provide for certain exceptions regarding certain contributions made to a candidate or campaign committee or for recall of a public officer; to change certain provisions relating to the deposit of contributions; to change certain provisions relating to the keeping of certain accounts by campaign committee treasurers; to provide for filing certain campaign disclosure reports with the Secretary of State; to change certain provisions relating to the filing of certain final reports by campaign committees which accept contributions or make expenditures

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designed to bring about the recall of a public officer or to oppose the recall of a public officer; to provide that certain disclosure reports shall list the total contributions received and the total expenditures made since the last report; to clarify certain provisions relating to the filing of an initial report of any campaign committee which accepts contributions or makes expenditures designed either to bring about or oppose the recall of a public officer; to provide for certain final reports; to provide for certain duties of filing officers; to provide for authority of certain filing officers to forward certain reporting forms; to provide for filing certain financial disclosure statements with the Secretary of State; to change certain provisions relating to disposition of reports and handling of complaints; to change the deadline for filing certain financial disclosure statements; to provide for the filing of certain financial disclosure statements by elected county officials and elected municipal officials; to change certain provisions relating to the contents of financial disclosure statements; to correct certain internal references to Article 3 of Chapter 5 of Title 21; to provide for verification of certain financial disclosure statements; to provide for the filing by mail of certain financial disclosure statements; to provide for the public record status of certain financial disclosure statements; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, is amended by striking Code Section 21-5-2, relating to declarations of policy, and inserting in its place a new Code Section 21-5-2 to read as follows: 21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; 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 requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of

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public officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be best served by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state. Section 2. Said chapter is further amended by striking paragraphs (2), (3), (4), (6), (9), (10), (12), (13), and (15) of Code Section 21-5-3, relating to definitions regarding ethics in government, and inserting in their place new paragraphs (2), (3), (4), (6), (9), (10), (12), (13), and (15), respectively, to read as follows: (2) `Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term `campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or any person or any committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. (3) `Campaign contribution disclosure report' means a report filed with the appropriate filing officer by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount

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thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. (4) `Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election or has received contributions or made expenditures in pursuit of such nomination or election or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office. (6) `Contribution' means a gift, subscription, membership, 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 office, the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. The term `contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term `contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (9) `Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of

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value made for the purpose of influencing the nomination for election or election of any person, the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. 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 term `expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate. (10) `Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, or other designation of general responsibility of a business entity. (12) `Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or a loan of property or services which is not a contribution as defined in paragraph (6) of this Code section and which is in the amount of $101.00 or more. (13) `Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance contract. (15) `Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state authority;

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(F) Every elected county official; and (G) Every elected municipal official. Section 3. Said chapter is further amended by striking subsections (b), (e), and (g) of Code Section 21-5-4, relating to the creation of the State Ethics Commission, and inserting in their place new subsections (b), (e), and (g), respectively, to read as follows: (b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. 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 as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's 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. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission. (e) The commission shall elect a chairperson, a vice chairperson, and other officers as it deems necessary. The members shall not be compensated for their services but

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they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. (g) Meetings of the members of the commission shall be held at the call of the chairperson or whenever any two members so request. Section 4. Said chapter is further amended by striking paragraphs (9), (10), (14), and (15) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, and inserting in their place new paragraphs (9), (10), (14), and (15), respectively, to read as follows: (9) To make investigations, subject to the limitations contained in Code Section 21-5-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter; (10) (A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found 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 to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a

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hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; (14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter; (C) (i) To pay a civil penalty not to exceed-$1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter. (ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The amount of any civil penalty finally

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assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission. (iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission

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the costs, including reasonable attorneys' fees, incurred by the commission in the prosecution of such action; (15) To make public its conclusion that a violation has occurred and the nature of such violation; Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, to be designated as subsection (c), to read as follows: (c) The Secretary of State, through the Secretary of State's 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 members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or the Secretary of State's designee shall serve as secretary to the commission. Section 6. Said chapter is further amended by striking Code Section 21-5-7, relating to initiation of certain complaints, and inserting in its place a new Code Section 21-5-7 to read as follows: 21-5-7. The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission within five business days after the filing of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. Section 7. Said chapter is further amended by striking Code Section 21-5-9, relating to certain criminal penalties, and

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inserting in its place a new Code Section 21-5-9 to read as follows: 21-5-9. (a) Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. (b) Notwithstanding any provision of subsection (a) of this Code section to the contrary, any person who knowingly falsifies any report required under this chapter shall be guilty of a felony and shall be punished by imprisonment for not less than one more than five years or by a fine not to exceed $5,000.00, or both. Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-9, to be designated Code Section 21-5-10, to read as follows: 21-5-10. The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, or right accrued or vested prior to the taking effect of this chapter; nor shall this chapter affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed. Section 9. Said chapter is further amended by striking subsections (a), (b), (c), and (d) of Code Section 21-5-30, relating to contributions made to a candidate or campaign committee or for recall of a public officer, and inserting in their place new subsections (a), (b), (c), and (d), respectively, to read as follows: (a) Except as provided in Code Section 21-5-31, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which

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is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose. (b) Each candidate shall have a campaign committee, which may consist of only the candidate pursuant to paragraph (2) of Code Section 21-5-3, for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee. (c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter. (d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source. Section 10. Said chapter is further amended by striking Code Section 21-5-32, relating to the campaign committee treasurer, and inserting in its place a new Code Section 21-5-32 to read as follows:

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21-5-32. (a) The treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits. (b) Accounts kept by the treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. (c) Records of such accounts kept by the campaign committee shall be preserved for three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue or of any recall vote. Section 11. Said chapter is further amended by striking Code Section 21-5-34, relating to disclosure reports, and inserting in its place a new Code Section 21-5-34 to read as follows: 21-5-34. (a) (1) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or statewide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairperson or treasurer of such candidate's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence.

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(2) (A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. (3) A candidate for county office or the chairperson or treasurer of such candidate's campaign committee shall file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b) All reports shall list the following: (1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events;

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(2) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure; (3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; and (4) Total contributions received and total expenditures made since the last report. (c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code 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. Each report required in the calendar year of the election

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shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candidate shall only be required to make the initial and final report as required under this chapter. (e) A supplemental campaign contribution disclosure report shall be filed by each public officer elected to an office covered by this chapter 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 chapter between the date of the last campaign contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chapter and shall so indicate no contributions or expenditures. (f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final

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report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (h) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county. Section 12. Said chapter is further amended by striking subsection (a) of Code Section 21-5-36, relating to disposition of reports and handling of complaints and violations, and inserting in its place a new subsection (a) to read as follows: (a) It shall be the duty of the filing officer to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such filing officer shall have the authority to charge a fee for copying

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such reports not to exceed the actual cost of such copying. The filing officer shall preserve such reports for a period of five years from the date upon which they are received. A filing officer shall notify the commission in writing of: (1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and (2) Within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question. A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the complaint to the commission and shall retain a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint. Section 13. Said chapter is further amended by striking subsection (a) of Code Section 21-5-50, relating to filing of certain financial disclosure statements by public officers, and inserting in its place a new subsection (a) to read as follows: (a) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each public officer, as defined

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in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the Secretary of State, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The Secretary of State shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. Section 14. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to filing of certain financial disclosure statements by public officers, and inserting in its place a new paragraph (1) to read as follows: (1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received; Section 15. Said chapter is further amended by striking Code Section 21-5-51, relating to verification of certain financial disclosure statements, and inserting in its place a new Code Section 21-5-51 to read as follows: 21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths. Section 16. Said chapter is further amended by striking Code Section 21-5-52, relating to filing certain financial disclosure statements by mail, and inserting in its place a new Code Section 21-5-52 to read as follows:

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21-5-52. Depositing of a properly addressed financial disclosure statement in the United States mails with adequate postage affixed shall constitute filing on the date of mailing. Section 17. Said chapter is further amended by striking Code Section 21-5-53, relating to the public record status of certain financial disclosure reports, and inserting in its place a new Code Section 21-5-53 to read as follows: 21-5-53. Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Section 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 19. All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1987. CORONERS OF COUNTIES OF NOT LESS THAN 17,510 AND NOT MORE THAN 17,560 SALARY; ACT REPEALED. No. 374 (House Bill No. 787). AN ACT To repeal an Act providing an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or any future such census, approved March 26, 1980 (Ga. L. 1980, p. 4332); to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or any future such census, approved March 26, 1980 (Ga. L. 1980, p. 4332), is repealed in its entirety. Section 2. This Act shall become effective on July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1987. GEORGIA PUBLIC SAFETY TRAINING CENTER UNMARKED PURSUIT VEHICLES; SECURITY POLICE FORCE. Code Section 35-2-57 and 35-5-7 Enacted. No. 485 (House Bill No. 294). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles available to the Georgia Public Safety Training Center to be used for training public safety officers; to provide procedures; to provide for a security police force within the Georgia Public Safety Training Center; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Article 2 of Chapter 2, relating to the Georgia State Patrol, a new Code section, to be designated Code Section 35-2-57, to read as follows: 35-2-57. When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety shall notify the administrator of the Georgia Public Safety Training Center and shall make such pursuit vehicle available to such center for the purpose of training public safety officers pursuant to Chapter 5 of this title. Upon notification by the commissioner, the administrator of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle. Section 2. Said title is further amended by adding at the end of Chapter 5, relating to the Georgia Public Safety Training Center, a new Code section, to be designated Code Section 35-5-7, to read as follows: 35-5-7. (a) The administrator of the center, with the approval of the board, is authorized to establish a security police force within the Georgia Public Safety Training Center. (b) While in the performance of their duties on property of the Georgia Public Safety Training Center, such security police shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such Georgia Public Safety Training Center. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1987.

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EDUCATION IMMUNIZATION OF STUDENTS; WAIVER; TIME PERIODS; EXTENSIONS. Code Section 20-2-771 Amended. No. 486 (House Bill No. 12). AN ACT To amend Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students, so as to change the period of time for which immunizations may be waived and provide for conditions of such waiver and extension thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) No child shall be admitted to or attend any school or facility in this state unless the child shall first have submitted a certificate of immunization to the responsible official of the school or facility. The responsible official of any school or facility may grant a 30 calendar day waiver of the certification requirement for a justified reason. The waiver may be extended from the date of first admittance or of first attendance, whichever is earlier, for up to 90 calendar days provided documentation is on file at the school or facility from the local health department or a physician specifying that an immunization sequence has been started and that this immunization time schedule can be completed within the 90 day waiver period, provided confirmation is received during the waiver period from the health department or physician that immunizations are being received as scheduled, and provided the student under waiver is a transfer student, who is defined as a student who moves from an out-of-state school system to a Georgia school system, or a student entering kindergarten or first grade from out of state. The waiver

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may not be extended beyond 90 calendar days; and upon expiration of the waiver, the child shall not be admitted to or be permitted to attend the school or facility unless the child submits a certificate of immunization. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. COURTSMAGISTRATE COURTS; CLERKS OF SUPERIOR COURTS; FEES; WRITS OF EXECUTION; WRITS OF FIERI FACIAS. Code Sections 15-6-77, 15-10-47, and 15-10-80 Amended. No. 487 (House Bill No. 16). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that magistrate courts shall charge and collect and transmit to the clerks of superior court the clerks' fees for recording of writs of execution on the general execution docket; to provide that such fees and the fees of the magistrate courts for issuing writs of fieri facias shall be charged and collected contemporaneously with or prior to the issuance of such writs but shall not be charged or collected prior to the entry of judgment; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of superior courts, so as to eliminate provisions rendered unnecessary by the foregoing; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking subsection (b) of Code Section 15-10-47, relating to effect and enforcement of money judgments, and inserting in its place a new subsection (b) to read as follows: (b) Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The fee of the clerk of superior court for recording the execution on the general execution docket shall be charged and collected by the magistrate court contemporaneously with or prior to the issuance of the execution but not before the entry of judgment in the action; and such fee shall be transmitted by the clerk of magistrate court to the clerk of superior court together with the copy of the execution. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fi. fa. Section 2. Said chapter is further amended by striking subsection (c) of Code Section 15-10-80, relating to fees in civil actions in magistrate court, and inserting in its place a new subsection to read as follows: (c) For issuing a writ of fieri facias the fee charged shall be $2.00 which shall be paid by the person requesting the same. Such fee shall be charged and collected contemporaneously with or prior to the issuance of the writ of fieri facias but not before the entry of judgment in the action. Section 3. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of superior courts, is amended by striking paragraph (2) of subsection (e) and inserting in its place a new paragraph to read as follows: (2) Entering writ of fieri facias or other execution on general execution docket 2.00

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. LIVING WILLS REVOCATION. Code Section 31-32-5 Amended. No. 488 (House Bill No. 18). AN ACT To amend Code Section 31-32-5 of the Official Code of Georgia Annotated, relating to revocation of living wills for the withholding of extraordinary life-sustaining procedures in the event of a terminal condition, so as to provide that a written or oral revocation of a living will must, in order to be effective, clearly express an intention to revoke a living will as opposed to a will or wills relating to the disposition of property after death; to provide that the revocation clause customarily included in a will relating to the disposition of property shall not in and of itself operate to revoke a living will; to provide for related matters; 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 31-32-5 of the Official Code of Georgia Annotated, relating to revocation of living wills for the withholding of extraordinary life-sustaining procedures in the event of a terminal condition, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) A living will may be revoked at any time by the declarant, without regard to his mental state or competency, by any of the following methods: (1) By being canceled, defaced, obliterated, burnt, torn, or otherwise destroyed by the declarant or by some person in his presence and by his direction;

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(2) By the declarant or a person acting at the direction of the declarant signing and dating a written revocation expressing the intent of the declarant to revoke. In order to be effective, such a written revocation must clearly express an intention to revoke a living will as opposed to a will or wills relating to the disposition of property after death; and without limiting the generality of the foregoing, it is specifically provided that the revocation clause which is customarily included in a will relating to the disposition of property and which provides for the revocation of `all other wills' of the testator shall not operate to revoke a living will without further evidence of a specific intent to revoke the living will. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a person acting at the direction of the declarant. The attending physician shall record in the patient's medical record the time and date when he received notification of the written revocation; or (3) By any verbal or nonverbal expression by the declarant of his intent to revoke the living will. In order to be effective, such an oral revocation must clearly express an intention to revoke a living will as opposed to a will relating to the disposition of property after death. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a person acting at the direction of the declarant. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, when he received notification of the revocation. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SUPREME COURT OF GEORGIA SEVEN JUSTICES. Code Section 15-2-1.1 Enacted. No. 489 (House Bill No. 19). AN ACT To amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Supreme Court of Georgia, so as to provide that the Supreme Court shall consist of seven Justices; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Supreme Court of Georgia, is amended by adding, following Code Section 15-2-1, a new Code Section 15-2-1.1 to read as follows: 15-2-1.1. The Supreme Court shall consist of seven Justices. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ECONOMIC DEVELOPMENT COUNCIL ABOLISHED. Code Title 10, Chapter 8 Repealed. No. 490 (House Bill No. 20). AN ACT To repeal Chapter 8 of Title 10 of the Official Code of Georgia Annotated, relating to the Economic Development Council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 10 of the Official Code of Georgia Annotated, relating to the Economic Development Council, is repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. RURAL TELEPHONE COOPERATIVES FEES OF CLERKS OF THE SUPERIOR COURTS AND THE SECRETARY OF STATE. Code Section 46-5-100 Amended. No. 491 (House Bill No. 21). AN ACT To amend Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to rural telephone

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cooperatives, so as to provide that fees charged to a rural telephone cooperative by the clerk of superior court or the Secretary of State shall be the same as fees charged to other corporations for like services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to rural telephone cooperatives, is amended by striking in its entirety Code Section 46-5-100, relating to filing fees to be paid by rural telephone cooperatives to the clerk of superior court and the Secretary of State, which reads as follows: 46-5-100. (a) The clerk of the superior court shall charge and collect the following fees: (1) Filing articles of incorporation, as required by paragraph (12) of subsection (d) of Code Section 15-6-77 and by Code Section 47-14-51 $16.00 (2) Filing articles of amendment 15.00 (3) Filing articles of consolidation or merger 15.00 (4) Filing articles of conversion, or consolidation and merger 15.00 (5) Filing certificate of election to dissolve 15.00 (6) Filing articles of dissolution 15.00 (7) Filing order approving change of principal office no fee (b) The Secretary of State shall charge and collect the following fees for his services:

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(1) Filing articles of incorporation $5.00 (2) Filing articles of amendment 5.00 (3) Filing articles of consolidation or merger 5.00 (4) Filing articles of conversion 5.00 (5) Filing articles of consolidation and conversion 5.00 (6) Filing certificate of election to dissolve 5.00 (7) Filing articles of dissolution 5.00 (8) Filing order approving change of principal office 5.00[Prime]., and inserting in its place a new Code Section 46-5-100 to read as follows: 46-5-100. (a) Each cooperative shall be charged by the clerk of superior court the fees specified in paragraph (12) of subsection (d) of Code Section 15-6-77 for the filing of incorporation proceedings. (b) Each cooperative shall be charged by the Secretary of State the fees specified in Code Section 14-2-371 for the filing of documents and issuance of certificates. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SUPERIOR COURTS JUDGES; ELECTIONS. Code Section 15-6-4.1 Enacted. No. 492 (House Bill No. 25). AN ACT To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to superior courts, so as to provide that each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to superior courts, is amended by adding, following Code Section 15-6-4, a new Code Section 15-6-4.1 to read as follows: 15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLES AND TRAFFIC TRIALS; WITHDRAWAL OF A WAIVER OF TRIAL BY JURY. Code Section 40-13-23 Amended. No. 493 (House Bill No. 30). AN ACT To amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases of traffic offenses, so as to provide limitations on the withdrawal of a waiver of trial by jury; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases of traffic offenses, is amended by striking in its entirety Code Section 40-13-23, relating to required written waivers of trial by jury, and inserting in its place a new Code Section 40-13-23, to read as follows: 40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. (b) No waiver of a trial by jury may be withdrawn when such waiver has been interposed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CRIMINAL PROCEDURE STATUTE OF LIMITATIONS; FELONIES AGAINST VICTIMS UNDER THE AGE OF 14 YEARS. Code Section 17-3-1 Amended. No. 494 (House Bill No. 33). AN ACT To amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, so as to provide that prosecution for felonies committed against victims who are at the time of commission under the age of 14 years must be commenced within seven years after the commission of the crime; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) Prosecution for felonies other than those specified in subsections (a) and (b) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 14 years must be commenced within seven years after the commission of the crime.

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Section 2. This Act shall become effective July 1, 1987, and shall apply to offenses committed on or after such date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GWINNETT JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 495 (House Bill No. 44). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new fifth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the five judges of the Gwinnett Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the presiding judge, in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for courtroom and chamber space; to provide for an additional court reporter for said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (20) which reads as follows: (20) Gwinnett Circuit 4, and inserting in its place a new paragraph (20) to read as follows: (20) Gwinnett Circuit 5. Section 2. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1987, and expiring December 31, 1988. At the general election to be held in 1988, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1989, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 3. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the five judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 4. The compensation, salary, and contingent expense allowance of said additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the county composing said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.

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Section 5. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Gwinnett Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit. Section 6. Upon and after qualifications of the additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia, the five judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior court for the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling. Section 7. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided. Section 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. Section 9. The five judges of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.

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Section 10. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the five judges of the Gwinnett Judicial Circuit upon the recommendation of said judges. Section 11. For purposes of making the initial appointment of the fifth judge to fill the fifth judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective July 1, 1987. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. BONDS PROCEEDS; PLACEMENT IN THE LOCAL GOVERNMENT INVESTMENT POOL FOR INVESTMENT AND REINVESTMENT. Code Section 36-82-7 Amended. No. 496 (House Bill No. 45). AN ACT To amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to the authorized investments of bond proceeds, so as to authorize bond proceeds of bonds issued by any county, municipal corporation, school district, political subdivision, authority, or public body corporate to be placed for investment and reinvestment in the local government investment pool; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to the authorized investments of bond proceeds, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-82-7 to read as follows: 36-82-7. The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any authority or other public body corporate and politic created under the Constitution or laws of this state may, from time to time, be placed for investment and reinvestment in the local government investment pool created in Chapter 83 of Title 36 by the governing authorities of the county, municipal corporation, school district, political subdivision, authority or body, or be invested and reinvested by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body in the following securities, and no others: (1) Bonds or obligations of such county, municipal corporation, school district, political subdivision, authority, or body or bonds or obligations of this state or of other counties, municipal corporations, and political subdivisions of this state; (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government; (3) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Central Bank for Cooperatives; (4) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government,

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or project notes issued by any public housing agency, urban renewal agency, or municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; and (5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within this state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of this state or of any county or municipal corporation in this state, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of the agencies of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) of this Code section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. MOTOR VEHICLE LICENSE PLATES GEORGIA SOUTHWESTERN COLLEGE. Code Section 40-2-29.16 Enacted. No. 497 (House Bill No. 63). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Georgia Southwestern College; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately after Code Section 40-2-29.15 a new Code section, to be designated Code Section 40-2-29.16, to read as follows: 40-2-29.16. (a) To commemorate the founding of Georgia Southwestern College there shall be issued in 1988 special license plates to commemorate the founding of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Georgia Southwestern College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.

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(c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1988, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLE LICENSE PLATES AGNES SCOTT COLLEGE. Code Section 40-2-29.16 Enacted. No. 498 (House Bill No. 67). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the centennial of the founding of Agnes Scott College; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately following Code Section 40-2-29.15 a new Code section to read as follows: 40-2-29.16. (a) Agnes Scott College having been founded by Presbyterians in 1889 for the education of women, there shall be issued beginning in 1988 special license plates to commemorate the centennial of the establishment of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the centennial of Agnes Scott College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing

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fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1989, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GEORGIA CORONER'S TRAINING COUNCIL MEMBERSHIP; CURRICULUM ADVISORY COMMITTEE; QUORUM. Code Sections 45-16-62 and 45-16-64 Amended. No. 499 (House Bill No. 94). AN ACT To amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as The Georgia Coroner's Training Council Act, so as to change the provisions relating to the membership of the Georgia Coroner's Training Council;

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to authorize the Georgia Police Academy to establish a curriculum advisory committee; to change the provisions relating to the quorum of such council; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as The Georgia Coroner's Training Council Act, is amended by striking in its entirety subsection (a) of Code Section 45-16-62, relating to the establishment of the Georgia Coroner's Training Council, and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is established a council which shall be known and designated as the `Georgia Coroner's Training Council' which shall be composed of the superintendent of the Georgia Police Academy or his designee, which member shall not be a voting member, and five coroners appointed by the Board of Public Safety, three of whom will be selected from a list of five persons recommended by the Georgia Coroner's Association. The five coroners appointed shall serve for terms of four years. The term of office of the member initially appointed in 1987 shall begin September 1, 1987. Any person appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council. The Georgia Police Academy shall establish a curriculum advisory committee to provide information beneficial to the development of courses at the Georgia Police Academy. Members of the committee will be selected by the superintendent of the Georgia Police Academy. Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 45-16-64, relating to officers of the Georgia Coroner's Training Council and the quorum of the council, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Four members of the council shall constitute a quorum for the transaction of business.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. JAILERS OATHS; FILING. Code Section 42-4-2 Amended. No. 500 (House Bill No. 131). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to jails, so as to change the provisions relating to the oath of jailers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to jails, is amended by striking Code Section 42-4-2, relating to the oath and bond of jailers, and inserting in lieu thereof a new Code Section 42-4-2 to read as follows: 42-4-2. Before commencing to carry out the duties of their office, jailers must give to the sheriff a bond and surety for the sum of $1,000.00, conditioned for the faithful performance of their duties as jailers, and shall take and subscribe before the sheriff of their respective counties, to be filed in

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and entered into the records of the sheriff's office, the following oath: `I do swear that I will well and truly do and perform, all and singular, the duties of jailer for the County of ; and that I will humanely treat prisoners who may be brought to the jail of which I am keeper and not suffer them to escape by any negligence or inattention of mine. So help me God.' Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PSYCHOLOGY LICENSE REQUIREMENTS. Code Section 43-39-8 Amended. No. 501 (House Bill No. 135). AN ACT To amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:

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(b) A candidate for such license shall furnish the board with satisfactory evidence that the candidate: (1) Is of good moral character; (2) Has received a doctoral degree from a program in psychology, including but not limited to clinical psychology, counseling psychology, industrial or organizational psychology, or school psychology, from an accredited educational institution recognized by the board as maintaining satisfactory standards, except that any person who has received a doctoral degree in a field closely allied to the field of psychology shall meet the degree requirements of this paragraph if: (A) That degree in the closely allied field is received no later than July 1, 1991, from an educational institution recognized by the board as maintaining satisfactory standards; (B) The training required for that degree in the closely allied field has been determined by the board to be substantially similar to that required for a doctoral degree from a program in psychology; (C) That person completes the experience required by paragraph (3) of this subsection no later than July 1, 1991; and (D) That person passes the examination required by paragraph (4) of this subsection no later than July 1, 1993; (3) Has had at least one year of experience in psychology of a type considered by the board to be qualifying in nature; (4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; and (5) Has not within the preceding six months failed an examination given by the board.

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The board may at its discretion accept satisfactory substitute training and experience in lieu of that prescribed in paragraphs (2) and (3) of this subsection. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. DEPARTMENT OF COMMUNITY AFFAIRS STRATEGIC STATE-WIDE RURAL ECONOMIC DEVELOPMENT PLAN. Code Section 50-8-8 Amended. No. 502 (House Bill No. 148). AN ACT To amend Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to planning and development duties of the Department of Community Affairs, so as to provide for a strategic state-wide rural economic development plan; 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 50-8-8 of the Official Code of Georgia Annotated, relating to planning and development duties of the Department of Community Affairs, is amended by striking from the end of paragraph (4) of subsection (c) thereof the following: ;and,

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and inserting in its place a semicolon, by striking the period at the end of paragraph (5) of subsection (c) and inserting in its place the following: ; and, and by adding immediately thereafter a new paragraph (6) to read as follows: (6) To establish no later than December 31, 1987, a strategic state-wide rural economic development plan in cooperation with area planning and development commissions, the University System, other state agencies and departments, and political subdivisions of the state. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring sources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development. The plan shall be updated at the same time the growth and development profile of the state is submitted to the Governor and the General Assembly under paragraph (1) of this subsection. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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STATE PROPERTIES COMMISSION CITIZEN MEMBERS; EXPENSE ALLOWANCE; TRAVEL. Code Section 50-16-32 Amended. No. 503 (House Bill No. 154). AN ACT To amend Code Section 50-16-32 of the Official Code of Georgia Annotated, relating to the State Properties Commission, so as to change the provisions relating to the expense allowance and travel cost reimbursement for citizen members of the commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-16-32 of the Official Code of Georgia Annotated, relating to the State Properties Commission, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) Members of the commission who are also state officials shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. Citizen members shall receive the same expense allowance per day as that received by a member of the General Assembly for each day any such member of the commission is in attendance at a meeting or carrying out official duties of the commission inside or outside the state, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile inside or outside the state while attending meetings or carrying out their official duties as members of the commission. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLES AND TRAFFIC ANNUAL LICENSE FEES FOR VAN-TYPE VEHICLES USED AS A COMMON OR CONTRACT CARRIER FOR HIRE. Code Section 48-10-2 Amended. No. 504 (House Bill No. 162). AN ACT To amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for vehicles, so as to provide for a fee for van-type vehicles used as a common or contract carrier for hire; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for vehicles, is amended by striking paragraph (10) and inserting in lieu thereof a new paragraph (10) to read as follows: (10) For each motor bus or van-type vehicle used as a common or contract carrier for hire in public transportation transporting passengers, the following: (A) Weighing 10,000 pounds or less, $1.50 per 100 pounds factory weight or fractional part of 100 pounds factory weight; (B) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.20 for each 100 pounds or fractional part of 100 pounds factory weight; (C) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $2.75 for each 100 pounds or fractional part of 100 pounds factory weight; and (D) Weighing more than 20,000 pounds factory weight, $3.00 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00;

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. LOCAL GOVERNMENT AUDITS; GOVERNMENTS HAVING EXPENDITURES OF LESS THAN $100,000.00; FINANCIAL REPORTS IN LIEU OF AUDITS. Code Section 36-81-7 Amended. No. 505 (House Bill No. 178). AN ACT To amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to local government audit reports, so as to provide for alternative financial reports for certain local governments; to provide for assistance relating to such reports and provide for fees; 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 36-81-7 of the Official Code of Georgia Annotated, relating to local government audit reports, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) (1) Beginning with the local government fiscal year which ends between July 1, 1981, and June 30, 1982, the governing authority of each unit of local government having a population in excess of 1,500 persons according to the latest estimate of population by the United States Bureau of the Census or its successor agency or expenditure of $100,000.00 or more shall provide for

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and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (2) The governing authority of each local unit of government not included in paragraph (1) of this subsection shall provide for and cause to be made the audit required pursuant to paragraph (1) not less often than once every two fiscal years. Audits performed pursuant to this paragraph shall be for both fiscal years. (3) The governing authority of each local unit of government having expenditures of less than $100,000.00 in that government's most recently ended fiscal year may elect to prepare, in lieu of the biennial audit otherwise required under paragraph (2) of this subsection, an annual financial report of receipts and disbursements for that fiscal year upon such forms and in such manner as shall be prescribed by the state auditor, and that financial report shall constitute an annual audit report for purposes of and within the meaning of the requirements of subsections (d) through (g) of this Code section. The Department of Community Affairs is authorized to assist requesting local governments in preparing financial reports required under this paragraph and in establishing record-keeping procedures needed in preparing those reports and is further authorized to charge those local governments reasonable fees for that assistance. (4) At the option of the governing authority, an audit may be made at a lesser interval than one year. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ELECTIONS LISTS OF ELECTORS; FILING WITH CLERK OF SUPERIOR COURT REPEALED. Code Section 21-2-234 Amended. No. 506 (House Bill No. 190). AN ACT To amend Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to filing and furnishing of lists of electors, so as to eliminate the requirement that the registrars file a certified copy of the list of electors with the clerk of superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to filing and furnishing of lists of electors, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Within three days after completing a list of electors as provided for in Code Section 21-2-233, the registrars shall file with the Secretary of State a certified copy of such list accompanied by their certification of the number of electors by race in each precinct in their county. When requested, it shall be the duty of the Secretary of State or the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list; but in no event shall the fee exceed an amount equal to 1 for the name of each elector appearing thereon. The list shall be alphabetically arranged by precincts and shall include addresses and ZIP codes. No person whose name does not appear on such list shall vote or be allowed to vote at any election, except as otherwise provided in this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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INTEREST AND USURY POST-JUDGMENT INTEREST; AUTOMATIC APPLICABILITY. Code Section 7-4-12 Amended. No. 507 (House Bill No. 241). AN ACT To amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide that certain post-judgment interest shall apply automatically to certain judgments and shall be collectible as a part of such judgments whether or not such judgments specifically reflect the entitlement to such interest; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, is amended by striking Code Section 7-4-12, relating to interest on judgments, and inserting in its place a new Code Section 7-4-12 to read as follows: 7-4-12. All judgments in this state shall bear interest upon the principal amount recovered at the rate of 12 percent per year unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such contract or obligation. The post-judgment interest provided for in this Code section shall apply automatically to all judgments in this state and such interest shall be collectible as a part of each such judgment whether or not such judgment specifically reflects the entitlement to such interest. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY MEMBERS; COMPENSATION; DISPOSITION OF FUNDS. Code Sections 20-3-202 and 20-3-211 Amended. No. 508 (House Bill No. 307). AN ACT To amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the Private Colleges and Universities Authority Act, so as to change the compensation of members of the authority; to change the provisions relating to the disposition of moneys received by the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the Private Colleges and Universities Authority Act, is amended by striking Code Section 20-3-202, creating that authority, and inserting in its place a new Code section to read as follows: 20-3-202. There is created a public body corporate and politic to be known as the Private Colleges and Universities Authority, and by that name, style, and title, such body may contract and be contracted with, bring and defend actions and implead and be impleaded, and complain and defend in all courts of law and equity. Such authority, however, shall not be a state institution nor a department or agency of the state but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. Article VII, Section IV, Paragraph VII of the Constitution of Georgia and Article 2 of Chapter 17 of Title 50, the `Georgia State Financing and Investment Commission Act' shall not apply to the authority created in this Code section. The authority shall consist of five members appointed by the Governor. Two of the members appointed in 1978 shall be appointed for a term expiring January 1,

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1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a term expiring January 1, 1984. Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman and another as vice-chairman and shall appoint a secretary, who need not be a member of the authority. The members of the authority may be compensated in an amount not to exceed the per diem amount paid to the members of the General Assembly under applicable Georgia law as in effect from time to time, plus actual expenses incurred, from the funds available to pay the administrative costs and expenses incurred by the authority, for each day's service spent in the performance of the duties of the authority. The authority may make rules and regulations for its own government, including, but not limited to, the payment of compensation to its members. The authority shall have perpetual existence. At all meetings of the authority the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. Section 2. Said article is further amended by striking Code Section 20-3-211, relating to the disposition of moneys received by the authority, and inserting in its place a new Code section to read as follows: 20-3-211. (a) All moneys received by the authority pursuant to this article, whether as grants or other contributions or as revenues, rents, or earnings, shall be held and applied to the expenses, outstanding bond obligations, and other obligations of the authority. (b) In the event this authority shall be dissolved, all authority money remaining after the payment of the authority's obligations or provisions for payment thereof shall accrue to the state.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS TERMINATION DATE; MEMBERS; TERMS. Code Sections 43-24-2 and 43-24-7 Amended. No. 509 (House Bill No. 310). AN ACT To amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to librarians, so as to change the termination date of and to continue the State Board for the Certification of Librarians and the laws relating thereto; to change the membership of the board; to provide for terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to librarians, is amended by striking Code Section 43-24-2 of said chapter, relating to the State Board for the Certification of Librarians, and inserting in its place a new Code Section 43-24-2 to read as follows: 43-24-2. (a) The State Board for the Certification of Librarians is created, to consist of six persons as follows: (1) Three librarians certified under this chapter, including one public librarian, one special librarian, and

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one other currently practicing librarian, and one person who shall be a trustee of a public library; (2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and (3) The director of public library services of the Department of Education. (b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor and shall be confirmed by the Senate. (c) The terms of the four members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be five years. The term of the director of public library services of the Department of Education shall be coextensive with the term of office of this position. (d) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) If there is a vacancy on the board, the Governor shall appoint a member to serve the unexpired term. Section 2 . Said chapter is further amended by striking Code Section 43-24-7, relating to termination, and inserting in its place a new Code Section 43-24-7 to read as follows: 43-24-7. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board for the Certification of Librarians shall be terminated on July 1, 1993, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GAME AND FISH OFFICIAL WATERFOWL STAMP; FUNDS. Code Section 27-1-6 Amended. No. 510 (House Bill No. 326). AN ACT To amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources generally, so as to amend the provisions relating to an official waterfowl stamp; to create a fund into which all moneys received by the department and derived from the sale of prints and stamps or contributions will be deposited and expended by the department for certain purposes and otherwise carried forward from year to year; 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 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources generally, is amended by striking paragraph (10) and inserting in lieu thereof a new paragraph (10) to read as follows: (10) To develop an official waterfowl stamp for the State of Georgia and to issue such stamp to any interested person and to contract with any person granting such person the right to reproduce and market the official waterfowl stamp in stamp, print, poster, or such other form as the department shall determine and to contract with any person for the purpose of promoting, supporting, or otherwise assisting any waterfowl program of the department, including, but not limited to, public education; research; acquisition of wetlands; and management, development, and protection of waterfowl programs; provided, however, that not more than 15 percent of the funds retained by the department, if any, shall be used for law enforcement activities. The department is authorized to establish a special fund to be known as

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the `Waterfowl Stamp Fund.' This fund shall consist of all moneys paid to the department as royalties, all moneys derived from the sale of any voluntary official waterfowl stamp, and all moneys contributed to the fund for the purposes provided in this paragraph and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and may expend moneys held in the fund in furtherance of the purposes provided in this paragraph. Monies paid into this fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriate for these purposes. As used in this paragraph, the term `waterfowl' means any species of ducks or geese. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PISTOLS MAGISTRATES AND SOLICITORS; CARRYING PISTOLS IN PUBLICLY OWNED OR OPERATED BUILDINGS. Code Section 16-11-127 Amended. No. 511 (House Bill No. 343). AN ACT To amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to the prohibition against carrying deadly weapons to public gatherings, so as to provide that magistrates

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may carry pistols in publicly owned or operated buildings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to the prohibition against carrying deadly weapons to public gatherings, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors, and district attorneys may carry pistols in publicly owned or operated buildings. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. STATE COURTS SOLICITORS; RESIDENCY. Code Section 15-7-24 Amended. No. 512 (House Bill No. 377). AN ACT To amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to provide that a solicitor shall, on the date he takes office, permanently reside within the judicial circuit containing the geographic area in which he is selected to serve; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) Each solicitor of the state court shall, on the date he takes office, permanently reside within the judicial circuit containing the geographic area in which he is selected to serve, shall as of such date be at least 25 years of age, and shall have been admitted to practice law in the State of Georgia for one year. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. LEGISLATIVE COUNSEL ELECTION BY THE LEGISLATIVE SERVICES COMMITTEE. Code Section 28-4-4 Amended. No. 513 (House Bill No. 378). AN ACT To amend Code Section 28-4-4 of the Official Code of Georgia Annotated, relating to the legislative counsel, so as to provide for the election of the legislative counsel by the Legislative Services Committee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 28-4-4 of the Official Code of Georgia Annotated, relating to the legislative counsel, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-4-4 to read as follows: 28-4-4. The Legislative Services Committee shall elect the legislative counsel and a majority vote of the total membership of the committee shall be necessary for such election. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. MOTOR VEHICLES AND TRAFFIC MULTILANED STREETS AND HIGHWAYS; OPERATION OF TRUCKS WITH MORE THAN SIX WHEELS; VEHICLES PROHIBITED FROM IMPEDING NORMAL TRAFFIC FLOW. Code Section 40-6-53 Enacted. Code Section 40-6-184 Amended. No. 514 (House Bill No. 399). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to make it unlawful for trucks equipped with more than six wheels to operate in certain lanes on certain highways; to make it unlawful for persons to impede normal traffic flow; to provide a penalty; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by adding at the end of Article 3 thereof a new Code Section 40-6-53 to read as follows: 40-6-53. (a) As used in this Code section, the term `truck' means any vehicle equipped with more than six wheels. (b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in any lanes other than the two most right-hand lanes, except when the truck is preparing for a left turn. (c) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in the left-hand lane, except when the truck is actually overtaking and passing another vehicle or preparing for a left turn. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 40-6-184, relating to minimum speeds, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation. (2) On roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. TORTS MEDICAL STUDENTS; TORT IMMUNITY. Code Section 51-1-38 Enacted. No. 515 (House Bill No. 759). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for medical students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or doctor of medicine is not affected; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, is amended by adding at the end thereof a new Code section, to be designated Code Section 51-1-38, to read as follows: 51-1-38. (a) No student who participates in the provision of medical care or medical treatment under the supervision of a medical facility, academic institution, or doctor of medicine, as a part of an academic curriculum leading to the award of a medical degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct. (b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or doctor of medicine.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. MAGISTRATE COURTS CLERKS; QUALIFICATIONS. Code Section 15-10-105 Amended. No. 516 (House Bill No. 398). AN ACT To amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to the selection of a clerk for a magistrate court, so as to provide for the qualifications of office of the clerk; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to the selection of a clerk for a magistrate court, is amended by striking in its entirety subsection (f) of said Code section and inserting in its place a new subsection (f) to read as follows: (f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GAME AND FISH FISHING LICENSES FOR FLORIDA RESIDENTS MORE THAN 65 YEARS OF AGE; RECIPROCAL AGREEMENTS. Code Section 27-2-4.1 Enacted. No. 517 (House Bill No. 451). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that no fishing license shall be required of any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age; to provide that such Florida residents shall be subject to all wildlife laws, rules, and regulations other than the requirement of obtaining a fishing license; to provide that the privilege so granted to a Florida resident may be suspended or revoked; to require a Florida resident exercising such privilege to have on his or her person proof of his or her age and residence; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, is amended by adding after Code Section 27-2-4 a new Code Section 27-2-4.1 to read as follows: 27-2-4.1. No fishing license shall be required for any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age. Florida residents exempted from the requirement of obtaining a fishing license under this Code section shall be entitled to fish in this state without the payment of any fee whatsoever, except that in order to engage in the activities regulated by subsection (a) of Code Section 27-2-6 such a Florida resident

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must have paid the fee otherwise required for a trout stamp and must have in his or her possession such proof of such payment as may be prescribed by the department. Florida residents exempted from the requirement of obtaining a fishing license under this Code section are subject to all wildlife laws, rules, and regulations with the exception of provisions requiring fishing licenses. The privileges granted to a Florida resident under this Code section may be suspended or revoked on the same grounds and in the same manner as fishing licenses are suspended and revoked. A Florida resident fishing as authorized by this Code section shall carry upon his or her person proof of his or her age and residence. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. TAX COLLECTORS AND TAX COMMISSIONERS MINIMUM SALARIES. Code Section 48-5-183 Amended. No. 518 (House Bill No. 461). AN ACT To amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, is amended by striking in its entirety subsection (b), which reads as follows: (b) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 12,025.00 6,000 - 11,999 15,025.00 12,000 - 19,999 16,940.00 20,000 - 29,999 18,040.00 30,000 - 39,999 19,540.00 40,000 - 49,999 21,790.00 50,000 - 99,999 25,555.00 100,000 - 199,999 29,305.00 200,000 - 299,999 31,460.00 300,000 and up 38,500.00 (2) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective January 1, 1986, each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

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Population Minimum Salary 0 - 5,999 $ 13,228.00 6,000 - 11,999 16,528.00 12,000 - 19,999 18,634.00 20,000 - 29,999 19,844.00 30,000 - 39,999 21,494.00 40,000 - 49,999 23,969.00 50,000 - 99,999 28,111.00 100,000 - 199,999 32,236.00 200,000 - 295,000 36,606.00 295,001 and up 42,350.00, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 14,022.00 6,000 - 11,999 17,520.00 12,000 - 19,999 19,752.00 20,000 - 29,999 21,035.00 30,000 - 39,999 22,784.00 40,000 - 49,999 25,407.00 50,000 - 99,999 29,798.00 100,000 - 199,999 34,170.00 200,000 - 295,000 38,802.00 295,001 and up 44,891.00 Section 2. This Act shall become effective January 1, 1988.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. USED CAR DEALERSSTATE BOARD OF REGISTRATION OF USED CAR DEALERS; RULES AND REGULATIONS; TRAINING AND INFORMATIONAL SEMINARS. Code Sections 43-47-6 and 43-47-8 Amended. No. 519 (House Bill No. 576). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, so as to change certain provisions relating to the power of the State Board of Registration of Used Car Dealers to make certain rules and regulations; to change certain provisions relating to attendance at training and informational seminars; to repeal conflicting laws; and for other purpose. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, is amended by striking paragraph (3) of Code Section 43-47-6, relating to powers and duties of the State Board of Registration of Used Car Dealers, and inserting in its place a new paragraph (3) to read as follows: (3) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter; and

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Section 2. Said chapter is further amended by striking subsection (e) of Code Section 43-47-8, relating to license applications, and inserting in its place a new subsection (e) to read as follows: (e) Each application for a new license after July 1, 1983, shall show that within the preceding year the applicant has attended a training and information seminar approved by the board. Such seminar shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the board will promote good business practices. No such seminar shall exceed one day in length. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GEORGIA POLYGRAPH EXAMINERS ACT LICENSES; QUALIFICATIONS OF APPLICANTS; STATE BOARD OF POLYGRAPH EXAMINERS; TERMINATION DATE EXTENDED. Code Sections 43-36-6 and 43-36-22 Amended. No. 520 (House Bill No. 583). AN ACT To amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Polygraph Examiners Act, so as to change the provisions relating to qualifications of applicants for a license; to continue the State Board of Polygraph

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Examiners and provide for its later termination; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 36 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Polygraph Examiners Act, is amended by striking Code Section 43-36-6, relating to qualifications of applicants for a license, and inserting in lieu thereof a new Code Section 43-36-6 to read as follows: 43-36-6. (a) In order to qualify for a license as a polygraph examiner, a person must: (1) Be at least 21 years of age; (2) Be a citizen of the United States; (3) Be a person of good moral character; (4) (A) Have a bachelor's degree from a full four-year regionally accredited university or college which shall include at least one course in physical science and one course in psychology; or (B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychology; and (ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency. Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant; (5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be

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of at least six weeks' duration at a polygraph examiners' school acceptable to the board; (6) Have completed a period of a minimum of six months as polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and (7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses. (b) The board, in its discretion, may waive the `on premises' requirement during the internship period in cases of extreme hardship. Section 2. Said chapter is further amended by striking Code Section 43-36-22, relating to the termination of the State Board of Polygraph Examiners, and inserting in lieu thereof a new Code Section 43-36-22 to read as follows: 43-36-22. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Polygraph Examiners shall be terminated on July 1, 1993, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GEORGIA FIREFIGHTER STANDARDS AND TRAINING ACT FIREFIGHTER TO INCLUDE PUBLIC SAFETY OFFICERS. Code Section 25-4-2 Amended. No. 521 (House Bill No. 686). AN ACT To amend Code Section 25-4-2 of the Official Code of Georgia Annotated, relating to definitions under the Georgia Firefighter Standards and Training Act, so as to change the definition of the term firefighter to include public safety officers for purposes of firefighter training; 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 25-4-2 of the Official Code of Georgia Annotated, relating to definitions under the Georgia Firefighter Standards and Training Act, is amended by striking paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Firefighter' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires, or who is employed full time as a public safety officer by any municipal, county, or state government employing three or more public safety officers and who has responsibilities which include preventing and suppressing fires, protecting life and property, and enforcing ordinances and state laws.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. REVENUE AND TAXATION LOCK BOX SYSTEMS; CONTRACTS ON BEHALF OF LOCAL GOVERNMENTS BY TAX COMMISSIONERS OR TAX COLLECTORS. Code Section 48-5-147 Amended. No. 522 (House Bill No. 698). AN ACT To amend Code Section 48-5-147 of the Official Code of Georgia Annotated, relating to the use of a lock box system in connection with tax payments to local governing authorities, so as to authorize tax officials to enter into contracts for a lock box system on behalf of local governments under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-147 of the Official Code of Georgia Annotated, relating to the use of a lock box system in connection with tax payments to local governing authorities, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) In any county of this state in which the county tax collector or tax commissioner receives mailed tax payments

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or otherwise collects taxes for the county as well as for one or more municipalities lying wholly or partially within the county, the county tax collector or tax commissioner may enter into a contract for a lock box system described by subsection (a) of this Code section on behalf of the county and any such municipality, provided such contract is approved by the governing authority of the county and by the governing authority of any municipality whose tax payments are covered by such contract. A tax collector or tax commissioner and any such officer's surety shall not be liable for any tax payments mailed directly to a bank as the depository under a contract for a lock box system authorized by this subsection. Any contract for a lock box system under this subsection shall require a detailed accounting by the depository of all tax payments received by the depository and shall provide for such other matters as may be necessary to fully protect the interests of the taxpayers, tax officials, and local governing authorities affected by the contract for a lock box system. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. YEAR'S SUPPORT CONVEYANCE OR ENCUMBRANCE BY A SURVIVING SPOUSE OF PROPERTY SET ASIDE; APPROVAL BY JUDGE OF THE PROBATE COURT. Code Section 53-5-20 Amended. No. 523 (House Bill No. 729). AN ACT To amend Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving

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spouse of certain property set apart under year's support, so as to provide that such conveyance or encumbrance shall be approved by the judge of the probate court of the county in which the year's support award was made; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The conveyance or encumbrance of any or all the property set apart as a year's support for the joint benefit of the surviving spouse and the minor child or children shall convey or encumber and be binding and conclusive upon the child or children and persons claiming through or under them only when approved by the judge of the probate court of the county in which the year's support award was made. No such approval shall be necessary to bind a child who is sui juris and who joins with the surviving spouse in making the conveyance or encumbrance. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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PUBLIC RECORDS TRADE SECRETS; PROPRIETARY INFORMATION; EXEMPTION FROM OPEN RECORDS LAW. Code Section 50-18-72 Amended. No. 525 (House Bill No. 804). AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, so as to provide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain trade secrets and proprietary information; 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 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, is amended by adding a new subsection (c) at the end thereof to read as follows: (c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confidential nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION SERVICE CANCELABLE LOANS; REPORTS. Code Sections 20-3-266 and 20-3-374 Amended. Code Section 20-3-278 Repealed. No. 526 (House Bill No. 807). AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the corporation to guarantee service cancelable loans made to certain students even if such loans do not meet all requirements of the federal act; to repeal Code Section 20-3-278, relating to reports as to loan commitment agreements, statements to borrowers, administration fees, and reports of agreement terminations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by renumbering paragraphs (2), (3), and (4) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation, as paragraphs (3), (4), and (5), respectively, and by adding a new paragraph (2) to read as follows:

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(2) All provisions of this part to the contrary notwithstanding, the corporation is authorized to guarantee service cancelable loans made to students by the authority pursuant to paragraph (1) of subsection (b) of Code Section 20-3-374 even if such loans do not meet all requirements of the federal act. In this event, conditions prescribed by the corporation for the guarantee of such loans shall, to the maximum extent deemed practicable, be the same as otherwise prescribed in this part relative to loans guaranteed by the corporation pursuant to the federal act. Section 2. Said article is further amended by repealing Code Section 20-3-278, relating to reports as to loan commitment agreements, statements to borrowers, administration fees, and reports of agreement terminations, in its entirety. Section 3. Said article is further amended by striking paragraph (1) of subsection (b) of Code Section 20-3-374, relating to the service cancelable loan fund and authorized types of service cancelable education loans, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) (A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other professional and educational fields of study, as defined and approved by the authority and in accordance with regulations of the authority, with the exception of the program leading to the degree of doctor of medicine. The authority is authorized to determine fields of study and areas in which shortages of trained personnel exist and specific services are needed, establish any necessary eligibility or priority requirements, interview applicants or recipients of loans as may be necessary, consider other financial aid resources known to be available to applicants for a loan, consider the academic performance of students, determine loan amounts, and establish reasonable requirements and standards relative to applicants for loan assistance. The authority shall determine the academic levels of study at which loans may be made to students in any approved field. Educational loans made under this paragraph need not be limited to students attending a school located within the state but shall be conditioned on the student's

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understanding that the educational loan is to be repaid by the student, if the student completes the approved program of study, by practicing in the approved field at a site of employment or in a community or city in this state approved by the authority for a period of one year for each academic year of study or its equivalent for which a loan is made to the student under this paragraph, or otherwise in cash with interest thereon in accordance with the terms of the promissory note executed by the student. (B) Any other provisions of this subpart and of Sub-part 1 of this part to the contrary notwithstanding, the authority is authorized to make service cancelable loans to students pursuant to provisions of this paragraph even if such loans do not meet all requirements of the federal Act and even though such loans may not be eligible for guarantee by the corporation. In this event, the terms and conditions of such loans as prescribed by the authority shall, to the maximum extent deemed practicable, be the same as otherwise prescribed in Part 2 of this article relative to loans made pursuant to the federal act. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ALCOHOLIC BEVERAGES SUNDAY SALE IN COUNTIES OF 160,000 OR MORE AND MUNICIPALITIES IN SUCH COUNTIES. Code Section 3-3-7 Amended. No. 527 (House Bill No. 812). AN ACT To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours on Sundays; to provide that in certain counties and municipalities alcoholic beverages may be sold during certain hours on Sundays in certain establishments; to provide for applicability; 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 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by adding at the end thereof a new subsection (o) to read as follows: (o) In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; and (2) In eating establishments which are located in the unincorporated area of the county, in the case of

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the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. LIENS TAILORING, ALTERING, OR REPAIRING CLOTHING OR SHOES; NOTICES OF SALE. Code Sections 44-14-450 through 44-14-456 Amended. No. 528 (House Bill No. 835). AN ACT To amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons tailoring, altering, or repairing clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles shall

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have a lien thereon for the agreed price or value of their services, in the same manner as heretofore provided for persons laundering, cleaning, or dyeing such articles; to provide for enforcement, priority, and foreclosure of liens; to change the period of time after which articles may be sold; to provide for sales and the disposition of proceeds thereof; to change the method of giving notice of sales; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by striking Part 7, relating to liens of laundries, cleaners, and dyers, and inserting in its place a new Part 7 to read as follows: Part 7 44-14-450. All persons, firms, or corporations engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles shall, for the agreed price or the reasonable value of their services in laundering, cleaning, tailoring, altering, repairing, or dyeing any goods, clothing, wearing apparel, shoes, carpets, rugs, or other similar articles, have a lien upon the articles laundered, cleaned, tailored, altered, repaired, or dyed, whether the work of laundering, cleaning, tailoring, altering, repairing, or dyeing the articles is performed by themselves or by their employees. 44-14-451. Any persons, firms, or corporations shall have the right to retain possession of the articles laundered, cleaned, tailored, altered, repaired, or dyed by them until their charges have been paid; but, if any articles are delivered to the person for whom the service was performed without collecting the agreed price or reasonable value of laundering, cleaning, tailoring, altering, repairing, or dyeing the articles, the lien shall be lost upon the articles so delivered but shall attach to any other goods, clothing, wearing apparel, shoes, or other articles belonging to the person for whom the work was done, which articles may later come into the possession of such person, firm, or corporation for the purpose of being laundered, cleaned, tailored, altered, repaired, or dyed.

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44-14-452. A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the same manner. 44-14-453. In order to satisfy the lien of the person, firm, or corporation performing the service, whenever any clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles remain in the possession of any person, firm, or corporation engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing such articles for a period of 90 days after the person, firm, or corporation has performed any services thereon without the agreed price or the reasonable value of the service being paid, the goods or articles may be sold by the person, firm, or corporation having performed the service. 44-14-454. Before any sale shall be made as provided in Code Section 44-14-453, the person, firm, or corporation making the sale shall give ten days' notice thereof by mail to the last known address of the owner if known, or otherwise to the last known address of the person from whom the goods were received. Such notice shall give the name of the owner of the goods, if known, and, if not known, the name of the person from whom the goods were received; a description of the goods to be sold; the time and place of the sale; the amount of the charges for which the goods or articles will be sold; and the name of the person, firm, or corporation having possession of the goods or articles and proposing to make the sale. 44-14-455. The proceeds of any sale made under this part shall be applied first to the payment of the lien for services rendered by the person, firm, or corporation making the sale for its services in laundering, cleaning, tailoring, altering, repairing, or dyeing the articles sold; and the residue, if any, shall be paid on demand to the owner of the goods sold. 44-14-456. The method of satisfaction of the liens referred to in this part shall be cumulative of any other remedies provided by law for the foreclosure or satisfaction of such liens.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. SUPERIOR COURTS JUDGES AND SENIOR JUDGES; EXPENSES; MEETINGS AND EDUCATIONAL PROGRAMS. Code Sections 15-6-30 and 15-6-32 Amended. No. 529 (House Bill No. 877). AN ACT To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, so as to change the provisions relating to reimbursement of travel expenses for attendance at meetings and for attendance at educational programs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, is amended by striking subsection (a) of Code Section 15-6-30, relating to reimbursement of travel expenses, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any court in his judicial circuit other than the court in the county of the residence of the judge or when the judge is required to be in any county in

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his circuit other than the county of his residence in the discharge of any judicial duty or function, required by law, pertaining to the superior court of such county. Judges and senior judges of the superior courts shall also be entitled to receive reimbursement under this Code section of travel expenses incurred when any such judge is designated to preside in the place of an absent Justice of the Supreme Court or attends a meeting of a judicial administrative district, the Council of Superior Court Judges of Georgia, the Judicial Council of Georgia, the Advisory Council for Probation, the Judicial Qualifications Commission, a sentence review panel, or any committee or subcommittee of any such body, or when any such judge attends a meeting with the personnel of any state department or other state agency when such meeting is held to carry out a public purpose; provided, however, that any expenses for which reimbursement is received under this subsection shall not be eligible for reimbursement under Code Section 15-6-32. Section 2. Said article is further amended by striking subsection (d) of Code Section 15-6-30, relating to submitting, auditing, and payment of travel expenses, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Fiscal Division of the Department of Administrative Services for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-9-60, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Fiscal Division of the Department of Administrative Services for payment from the funds available for the operation of the superior courts of this state. Section 3. Said article is further amended by striking Code Section 15-6-32, relating to reimbursement for expenses for attendance

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at educational programs, in its entirety and substituting in lieu thereof a new Code Section 15-6-32 to read as follows: 15-6-32. Any other law to the contrary notwithstanding, the judges and senior judges of the superior courts of this state are authorized to accept and receive from funds appropriated for the operation of the superior courts to the extent not eligible for reimbursement from funds appropriated for the operation of the Institute of Continuing Judicial Education or from funds appropriated for the operation of the Institute of Continuing Judicial Education reimbursement for the actual expenses of continuing judicial education within the state and out-of-state in the same manner as members of the General Assembly in attendance at conferences and meetings. Such reimbursement, whether for education within or outside the state, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. LOCAL GOVERNMENT BURIAL PLACES; PERMITS FOR DISTURBING IN COURSE OF LAND DEVELOPMENT; PENALTIES; SUPERIOR COURTS. Code Section 36-60-6 Amended. No. 530 (House Bill No. 949). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to certain provisions of local government

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law applicable to counties and municipal corporations, so as to change certain provisions relating to required permits for disturbing burial places in the course of land development; to change certain criminal penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to certain provisions of local government law applicable to counties and municipal corporations, is amended by striking Code Section 36-60-6, relating to permits for disturbing burial places in the course of land development, and inserting in its place a new Code Section 36-60-6 to read as follows: 36-60-6. (a) No known burial place of any human remains shall be knowingly disturbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the governing authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued. (b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000 per grave disturbed. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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INSURANCE INDIVIDUAL LIFE OR ACCIDENT AND SICKNESS POLICIES; PUBLICLY OWNED CORPORATIONS; INSURING EMPLOYEES WITHOUT APPLICATION OR WRITTEN CONSENT OF INSURED. Code Section 33-24-6 Amended. No. 531 (House Bill No. 954). AN ACT To amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirement of consent of an insured to the effectuation of an individual life or accident and sickness insurance policy, so as to allow a publicly owned corporation to effectuate insurance upon its employees in whom it has an insurable interest without the application or written consent of the insured; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirement of consent of an insured to the effectuation of an individual life or accident and sickness insurance policy, is amended by striking paragraphs (2) and (3) of subsection (a) and inserting in lieu thereof the following: (2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to the minor; (3) An application for a family policy may be signed by either parent, by a stepparent, or by husband or wife; or (4) A publicly owned corporation may effectuate insurance upon its employees in whom it has an insurable interest.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. DEPARTMENT OF TRANSPORTATION EMPLOYEES INJURED IN THE LINE OF DUTY; COMPENSATION; WORKERS' COMPENSATION. Code Section 32-2-7 Enacted. No. 532 (Senate Bill No. 160). AN ACT To amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transportation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; to provide a definition; to provide certain limitations; to provide procedures; to provide for a reduction of benefits when the injured employee is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transportation, is amended by adding at the end thereof a new Code Section 32-2-7 to read as follows: 32-2-7. (a) As used in this Code section, the term `external violence, accident, or injury' means any act of violence,

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an accident, or an injury that is caused by a person other than: (1) One who is an employee of the department; or (2) One who is an employee of a contractor or subcontractor performing duties under a contract with the department. (b) Any employee of the department who, on or after July 1, 1987, is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to receive compensation as provided in this Code section. Going to and from work shall not be considered in the line of duty. For the purposes of this Code section, `line of duty' means working in the proximity of traffic movements or equipment movements doing maintenance, construction, or other activities which may be construed as hazardous. (c) An employee injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee shall be required to submit to his department head satisfactory evidence of such disability. (d) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's regular compensation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLES AND TRAFFIC FEES PAID TO COURT CLERKS FOR TRANSMITTING REPORTS OF TRAFFIC CONVICTIONS; COUNTIES OF 300,000 OR LESS. Code Section 40-5-53 Amended. No. 533 (Senate Bill No. 173). AN ACT To amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of suspended drivers' licenses and reports of traffic convictions, so as to provide that the 25 fee paid to court clerks for transmitting reports of traffic convictions shall, in cases where the clerk of court is compensated on a salary basis, be the property of the county or municipality operating the court unless expressly provided otherwise by local law; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of suspended drivers' licenses and reports of traffic convictions, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Every court having jurisdiction over offenses committed under this chapter 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 ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25 for each report forwarded; and in those cases where the clerk receiving such 25 fee is compensated solely on a fee basis the clerk shall retain such 25 fee as additional

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compensation. In those cases where the clerk receiving such 25 fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk. Section 2. This Act shall apply only to counties having a population of 300,000 or less by the 1980 census or any such future census. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. HEALTH HANDICAPPED NEWBORN PERSONS; REGISTRATION WITH DEPARTMENT OF HUMAN RESOURCES FOR REFERRAL AND TREATMENT; REPORTS; CONTRACTORS TO REGISTER SERVICES; IMMUNITY. Code Section 31-1-3.1 Enacted. No. 534 (Senate Bill No. 180). AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to require handicapped newborn persons to be registered with the Department of Human Resources for later referral and treatment; to provide for legislative intent; to provide for definitions; to require that certain reports be made regarding persons identified as being handicapped newborn persons; to provide for referral for services; to provide that the Division of Public Health maintain and update records and rosters and submit

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certain reports; to provide for the availability of certain rosters; to require certain persons or entities contracting with the Department of Human Resources to register their services; to provide for the availability of certain statistical information; to provide for immunity and sanctions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by adding after Code Section 31-1-3 a new Code section to read as follows: 31-1-3.1. (a) It is the intent of the General Assembly to ensure the registration by the department of handicapped newborn persons in order that all such persons might obtain referral and other services provided by existing state agencies, departments, other organizations, and individuals. (b) As used in this Code section, the term `handicapped newborn person' means a person less than 12 months old who is deaf, blind, or has a serious congenital defect as defined by the department. (c) Except as otherwise provided, every public and private health and social agency and every physician authorized to practice medicine in this state shall report to the department the name of any person such agency or physician has identified as being a handicapped newborn person. The report shall be made within 48 hours after identification of that person and shall contain the name, age, address, type and extent of handicap, social security number, if any, and such other information concerning that person as the department may require. (d) The department shall establish procedures whereby a handicapped newborn person for whom a report is made under this Code section shall be referred with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative services. (e) The Division of Public Health of the department shall:

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(1) Maintain records of reports, notifications, and referrals made under this chapter; and (2) Maintain and update rosters of public and private departments or agencies which provide services to persons who have handicaps like those of handicapped newborn persons and send copies of such rosters and an annual update thereof to each county board of health for those boards of health to make such rosters available to the public. (f) Statistical information collected under this chapter shall be available to any other federal or state agency or private organization concerned with handicaps of newborn persons, but no names or addresses will be provided without the consent of the immediate family or guardian of the handicapped newborn person. (g) Any person or entity with whom the department enters into a contract after June 30, 1987, for services shall, as a condition of that contract, register with the Division of Public Health the various services that person or entity is capable of or is already providing to handicapped newborn persons and persons having handicaps like those of handicapped newborn persons for purposes of the roster of services the division maintains under paragraph (2) of subsection (e) of this Code section. (h) A person or entity which in good faith makes a report required by subsection (c) of this Code section shall be immune from civil and criminal liability therefor. Section 2. This Act shall become effective no later than six months after the General Assembly appropriates funds for the implementation of the Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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WORKERS' COMPENSATION GUARDIANS OF MINORS OR INCOMPETENT CLAIMANTS; POWERS. Code Section 34-9-226 Amended. No. 535 (Senate Bill No. 188). AN ACT To amend Part 2 of Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the method of payment of certain workers' compensation benefits, so as to provide that the authority of guardians of certain minors or incompetent claimants appointed by the State Board of Workers' Compensation shall be limited to the administration of such workers' compensation benefits and the settlement of workers' compensation claims; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the method of payment of certain workers' compensation benefits, is amended by striking Code Section 34-9-226, relating to appointment of guardians of certain minors or incompetent claimants, and inserting in its place a new Code Section 34-9-226 to read as follows: 34-9-226. The board is authorized to appoint a qualified guardian for any minor or legally incompetent claimant who shall be entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such minor or legally incompetent person, but the authority of any guardian so appointed by the board shall be limited to the administration of such workers' compensation benefits and the settlement of workers' compensation claims. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CIVIL PRACTICE MAGISTRATE COURTS; COURT COSTS, ATTORNEY'S FEES, AND EXPENSES OF LITIGATION; APPEALS. Code Section 9-15-14 Amended. No. 536 (Senate Bill No. 196). AN ACT To amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to awards of attorney's fees and expenses of litigation in civil actions, so as to provide that said Code section shall not apply to proceedings in magistrate courts; to provide that when a case is appealed from the magistrate court, the appellee may seek litigation expenses incurred below if the appeal lacks substantial justification; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to awards of attorney's fees and expenses of litigation in civil actions, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) This Code section shall not apply to proceedings in magistrate courts. However, when a case is appealed from the magistrate court, the appellee may seek litigation expenses incurred below if the appeal lacks substantial justification. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MAGISTRATE COURTS MAGISTRATES, CONSTABLES, AND CLERKS; COMMISSIONS. Code Sections 15-10-3 and 45-3-31 Amended. No. 537 (Senate Bill No. 198). AN ACT To amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of officers, so as to change certain provisions relating to the commissions of chief magistrates, magistrates, constables, and clerks of the magistrate courts; to provide that commissions of certain officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) (1) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court. (2) In the case of constables and clerks, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission. (3) All magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of magistrates or an

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appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State. Section 2. Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, is amended by striking Code Section 45-3-31, relating to officers commissioned under executive seal, and inserting in its place a new Code section to read as follows: 45-3-31. The commissions of all other civil officers, except constables and clerks of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. MAGISTRATE COURTS CIVIL JURISDICTION. Code Section 15-10-2 Amended. No. 538 (Senate Bill No. 199). AN ACT To amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts

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have jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, is amended by striking paragraph (5) and inserting in its place a new paragraph to describe certain matters within the jurisdiction of magistrate courts and to read as follows: (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $3,000.00, provided that no prejudgment attachment may be granted;. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PROBATE COURTS LOCATION OF JUDGE'S OFFICE. Code Section 15-9-80 Amended. No. 540 (Senate Bill No. 223). AN ACT To amend Article 4 of Chpater 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures relating to probate courts, so as to change certain provisions relating to the location of the office of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures relating to probate courts, is amended by striking Code Section 15-9-80, relating to location of the office of judge of the probate court, and inserting in its place a new Code Section 15-9-80 to read as follows: 15-9-80. The judge of the probate court shall keep his office and all things belonging thereto at the county site and at the courthouse unless impracticable from any cause, in which case the office may be kept at some other designated place not more than two miles therefrom, of which public notice must be given. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GUARDIAN AND WARD GUARDIANSHIP HEARINGS; FEES FOR EXAMINING PSYCHOLOGISTS AND PHYSICIANS AND FOR APPOINTED ATTORNEYS; ADDITIONAL FEES. Code Section 29-5-13 Amended. No. 541 (Senate Bill No. 236). AN ACT To amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning

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guardianship hearings, so as to change the hearing fees for examining psychologists and physicians and for appointed attorneys; to change the provisions for awarding of certain additional fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, is amended by striking subsections (d) and (e) thereof and inserting in their place new subsections (d), (e), and (e.1) to read as follows: (d) For the hearing under subsection (e) of Code Section 29-5-6 or subsection (e) of Code Section 29-5-8, the sum to be paid to the examining physician or psychologist shall not exceed $75.00 and actual expenses. (e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $75.00 and actual expenses. In appropriate circumstances, the attorney may apply to the judge of the probate court of the county in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection which additional fees may only be granted pursuant to subsection (e.1) of this Code section. If the attorney also serves as guardian ad litem he shall also receive for his services as such the fee specified in subsection (f) of this Code section. (e.1) A probate judge receiving an application for additional fees under subsection (e) of this Code section shall send a copy of that application to the person or entity responsible under subsection (a) of this Code section for paying hearing expenses and where the county is responsible for those expenses, to that county's budget officer, as defined in Code Section 36-81-2. If the person or entity to whom that application copy is sent does not file with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may award the requested additional fees with or without a hearing to obtain

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evidence in the matter other than that which is contained in the application. If the person or entity to whom that application copy is sent files with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may not award fees in excess of $50.00 without holding a hearing thereon and obtaining sufficient evidence at that hearing to justify the awarding of those additional fees. The person or entity objecting to the additional fees and the attorney requesting those fees shall receive prior notice of the time, date, and place of the hearing and have an opportunity to present evidence at that hearing regarding the appropriateness of the additional fees. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. EMBALMERS AND FUNERAL DIRECTORS APPRENTICES; TERMINATION OF APPRENTICESHIP. Code Section 43-18-41 Amended. No. 542 (Senate Bill No. 239). AN ACT To amend Code Section 43-18-41 of the Official Code of Georgia Annotated, relating to qualifications of applicants for a license as either an embalmer or a funeral director, so as to change certain provisions relating to apprentices; to provide for the termination of certain apprenticeships; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 43-18-41 of the Official Code of Georgia Annotated, relating to qualifications of applicants for a license as either an embalmer or a funeral director, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Each apprentice, upon commencing his apprenticeship, shall register as an apprentice with the joint-secretary and pay such fee as may be fixed by the board. He shall notify the board immediately upon completion of his apprenticeship and, as evidence thereof, submit to the board a sworn affidavit signed by the licensed embalmer and the licensed funeral director under whom such apprenticeship was served. No individual may serve as an apprentice for more than a period of seven years; provided, however, that all individuals registered as apprentices prior to July 1, 1985, may serve as apprentices until July 1, 1994. After July 1, 1994, any individual registered as an apprentice on or before July 1, 1985, shall be deemed to have permanently terminated his apprenticeship. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. EVIDENCE WITNESS FEES FOR ARSON INVESTIGATORS. Code Section 24-10-27 Amended. No. 543 (Senate Bill No. 264). AN ACT To amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice

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to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, is amended by striking in its entirety Code Section 24-10-27, relating to witness fees for police officers and certain other public safety officers, and inserting in lieu thereof a new Code Section 24-10-27 to read as follows: 24-10-27. Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the state fire

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marshal or the local fire chief shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. COUNTIES OF MORE THAN 150,000 PROBATE COURTS; JUDGES; ELIGIBILITY REQUIREMENTS. Code Section 15-9-4 Amended. No. 544 (Senate Bill No. 274). AN ACT To amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the probate court in certain counties, so as to change the eligibility requirements for the office of judge of the probate court in certain counties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the probate court in certain counties, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) In any county of this state having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he has attained the age of 30 years and has been admitted to practice law for seven years preceding his election. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PROFESSIONS AND BUSINESSES PHYSICIANS; LICENSES TO TEACH OR DEMONSTRATE MEDICINE; MEDICAL MALPRACTICE; INVESTIGATIONS. Code Section 43-34-29.1 Enacted. Code Section 43-34-37 Amended. No. 545 (Senate Bill No. 286). AN ACT To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, so as to provide for the issuance of licenses to teach or demonstrate medicine; to require the Composite State Board of Medical

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Examiners to investigate a licensee's fitness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine; to provide for settlement notifications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, is amended by adding after Code Section 43-34-29 a new Code section to read as follows: 43-34-29.1. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state. Section 2. Said article is further amended by adding at the end of Code Section 43-34-37, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, a new subsection to read as follows: (i) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee relating to the practice of medicine. Every licensee shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $20,000.00. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MARRIAGE LICENSES ISSUANCE IN ANY COUNTY IF ONE PARTY IS A RESIDENT OF THIS STATE. Code Section 19-3-30 Amended. No. 546 (Senate Bill No. 287). AN ACT To amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, so as to provide that if one of the persons to be married is a resident of this state, the license may be issued in any county of this state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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COBB JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 547 (Senate Bill No. 339). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to seven the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the selection of a chief judge; to provide for the powers and authority of the chief judge; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (11) and inserting in its place a new paragraph to read as follows: (11) Cobb Circuit 7 Section 2. The number of superior court judges of the Cobb Judicial Circuit is increased from six to seven. The initial judge for said seventh judgeship shall be appointed by the Governor for a term beginning July 1, 1987, and ending December 31, 1988, and until a successor is elected and qualified. Thereafter successors shall be elected at the general election held in 1988, and every four years thereafter; and their terms shall be for four years beginning on the first day of January next following their election.

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Section 3. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the county comprising such circuit shall be the same as that of the other judges of the superior courts of the Cobb Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the county comprising said circuit of the salary of the judge of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4. As long as the person serving on the effective date of this section as chief judge of the superior courts of the Cobb Judicial Circuit of Georgia continues in office as a judge of the superior courts of said circuit, the provisions of this section shall apply to the Cobb Judicial Circuit. The judges of the superior courts of the Cobb Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall appoint the judge of the juvenile court as provided by law. The judges of the superior courts of the Cobb Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where

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the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Section 5. (a) When the person serving on the effective date of this section as chief judge of the superior courts of the Cobb Judicial Circuit of Georgia ceases to hold office as a superior court judge of said circuit as a result of retirement, death, or any other cause, the provisions of this section shall apply to the Cobb Judicial Circuit, and the provisions of Section 4 shall no longer be applicable. (b) The judges of the superior courts of the Cobb Judicial Circuit shall, within 30 days and thereafter upon the commencement of the first term of each odd-numbered calendar year, by a vote of a majority of them, elect from their number a chief judge of the superior courts of said circuit to serve a two-year term. A vote of the majority of the judges of said circuit is required to fill any vacancy occurring in the office of chief judge. Whenever, after 30 days after this section becomes applicable pursuant to subsection (a) of this section and so long as no chief judge shall be elected as aforesaid, the judge of the superior courts of said circuit who shall be senior in length of continuous service as a judge of the superior courts shall be ex officio chief judge; and, in the event that two or more judges shall be equal in such seniority, then the judge who was first admitted to the State Bar of Georgia shall be such chief judge. (c) Upon the failure of a majority of the judges of said circuit to agree on the administration and the expeditious disposition of the business of the court, the chief judge shall have the power and responsibility to take such action as he shall deem necessary or proper for such purpose, but not in conflict with the general laws of this state or the uniform rules of this state, which action, when entered on the minutes of said court, shall be binding upon the other judges of said circuit. (d) Such chief judge may make appointments authorized by law and may from time to time require reports from the clerk of court of said circuit, the district attorney of said circuit, and the sheriff of Cobb County relative to business pending before the court of said circuit, including but not limited to, issues involving the jail population.

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(e) The chief judge shall appoint the judge of the juvenile court as provided by law. Section 6. The seven judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 7. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1987, except that the appointment of the initial judge to fill the seventh judgeship created by this Act may be made at any time after this Act is approved by the Governor or becomes law without such approval. (b) Sections 4 and 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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HIGHWAYS, BRIDGES, AND FERRIES VEHICLES AND LOADS; DIMENSION AND WEIGHT LIMITS; DESIGNATION OF ROADS, STREETS, AND HIGHWAYS; COUNTY ROAD SYSTEMS. Code Sections 32-6-24 and 32-6-26 Amended. No. 548 (Senate Bill No. 357). AN ACT To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to authorize the Department of Transportation to designate certain roads, streets, or highways upon which certain vehicles may operate; to provide for conditions under which such designation shall be made; to provide for rescission of such designation; to provide for related matters; to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking paragraph (2) of subsection (a) of Code Section 32-6-24, relating to authorized length of vehicles and loads, and inserting in its place a new paragraph (2) to read as follows: (2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailer-trailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination

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and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination, provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and provided, further, that the department is authorized to designate certain roads, streets, or highways upon which vehicles more than 60 feet in length may operate when operating as a truck tractor-semitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so designated only after the department has considered the operational and safety characteristics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been diminished or that operational problems have been increased by the actual operation of such vehicles. Such roads shall be posted with appropriate signs specifying the maximum length allowed for each vehicle combination. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway designation: (A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or (B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds. Section 2 . Said article is further amended by striking paragraph (1) of subsection (g) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof a new paragraph (1) to read as follows:

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(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 75,000 pounds when: (A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence within the county where originally cut or the adjoining county; (B) Hauling live poultry from a farm to a processing plant located in the same or an adjoining county; (C) Hauling feed from a feed mill to a farm located in the same county or an adjoining county; or (D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ELECTIONS WRITE-IN CANDIDATES; COMPENSATION OF REGISTRARS; ABSENTEE BALLOTS; MASTER LISTS OF ELECTORS. Code Title 21, Chapters 2 and 3 Amended. No. 549 (Senate Bill No. 13). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff; to provide that no person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary; to increase the minimum amount of certain per diem compensation of the chief registrar and other registrars; to provide for minimum compensation for certain chief deputy registrars; to clarify certain provisions relating to the location to which certain absentee ballots may be mailed; to provide a method by which an absentee voter may acquire a second absentee ballot when the first absentee ballot has not been received by the voter; to remove the requirement that special delivery be used in mailing certain absentee ballots; to provide that a master list of all electors in the county designating the assigned precinct of each elector may be placed in certain polling places on election day; to provide that only those votes for write-in candidates who have given proper notice of intent to be write-in candidates shall be counted; to provide that the election superintendent shall be required to compute and certify only those write-in votes for candidates who have given proper notice of intent to be write-in candidates; to change certain provisions relating to eligibility as a write-in candidate; to clarify certain provisions relating to the location to which municipal absentee ballots may be mailed; to provide a method in municipal primaries and elections by which an absentee voter may acquire a second absentee ballot when the first ballot has not been received by the voter; to remove the requirement that special delivery be used in mailing certain municipal absentee ballots; to provide that a master list of all electors of a municipality designating

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the assigned precinct of each elector may be placed in certain polling places on election day; to provide that the municipal superintendent shall be required to compute and certify only those write-in votes for candidates who have given proper notice of intent to be write-in candidates; to provide that the municipal superintendent shall be required to compute and certify only those write-in votes for candidates who have given proper notice of intent to be write-in candidates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-133, relating to notice of intent of candidacy of certain write-in candidates, and inserting in its place a new Code Section 21-2-133 to read as follows: 21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or (2) In a general or special election of county officers, to the superintendent of elections in the county in which he is to be a candidate and by publication in the official organ of the same county. (b) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. (c) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary.

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Section 2. Said title is further amended by striking subsection (c) of Code Section 21-2-211, relating to appointment and compensation of registrars, and inserting in its place a new subsection (c) to read as follows: (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairman. The chief registrar shall be compensated in an amount of not less than $50.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $40.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $225.00 per month and the other registrars in an amount not less than $200.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. Section 3. Said title is further amended by striking subsection (b) of Code Section 21-2-212, relating to the appointment of county deputy registrars and certain chief deputy registrars, and inserting in its place a new subsection (b) to read as follows: (b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrar shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 per month. The name, business address,

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telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrar to the Secretary of State's office, where such information shall be maintained on file. Section 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-381, relating to applications for absentee ballots, and inserting in its place a new paragraph (1) to read as follows: (1) Not more than 120 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent in-county or temporary out-of-county address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee

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elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. Section 5. Said title is further amended by striking subsection (a) of Code Section 21-2-384, relating to the preparation and delivery of absentee ballots, and inserting in its place a new subsection (a) to read as follows: (a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 30 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary

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or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. Section 6. Said title is further amended by striking Code Section 21-2-389, relating to mailing absentee ballots, and inserting in its place a new Code Section 21-2-389 to read as follows: 21-2-389. The postage required for mailing ballots to absentee electors, as provided for in this article, shall be paid by the county, except in cases where free mail delivery is furnished by the federal government. Section 7. Said title is further amended by adding a new subsection at the end of Code Section 21-2-401, relating to delivery of certain materials and electors lists to precincts, to be designated subsection (c), to read as follows: (c) The registrars may, in their discretion, place a master list containing the names and proper voting precincts of all electors of the county at some or all of the polling places located in the county on the day of each election for use by the poll workers to assist electors in locating their proper precinct. Section 8. Said title is further amended by striking subsection (b) of Code Section 21-2-438, relating to the marking of ballots, and inserting in its place a new subsection (b) to read as follows: (b) At elections, any ballot marked by any other mark than a cross (X) or check ([radic]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check ([radic]) mark thereon is irregular in form. A cross (X) or check ([radic]) mark in the square opposite the name of a political party or body in the party or body

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column shall be counted as a vote for every candidate of that party or body so marked, with the exception of candidates for the offices of presidential electors. A cross (X) or check ([radic]) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice-President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any erasure, mutilation, or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([radic]) mark is placed before the name of such person. Section 9. Said title is further amended by striking Code Section 21-2-494, relating to the manner of computing and certifying write-in votes, and inserting in its place a new Code Section 21-2-494 to read as follows: 21-2-494. The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector. Section 10. Said title is further amended by striking subsection (a) of Code Section 21-2-501, relating to certain majority vote requirements and the holding of certain run-off primaries and elections, and inserting in its place a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any

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political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235. Section 11. Said title is further amended by striking subsection (a) of Code Section 21-3-283, relating to applications for municipal absentee ballots, and inserting in its place a new subsection (a) to read as follows: (a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office

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to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address within the municipality or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness. Section 12. Said title is further amended by striking subsection (b) of Code Section 21-3-284, relating to the preparation and delivery of absentee ballots in municipal primaries and elections, and inserting in its place a new subsection (b) to read as follows: (b) The superintendent shall, as soon as practicable prior to each primary or election, prepare or obtain and deliver to the absentee ballot clerk an adequate supply of official absentee ballots, envelopes, and other supplies, as required by this article, for use in the primary or election. The absentee ballot clerk shall deliver or mail official absentee ballots to all eligible applicants within two days after the receipt of such supplies; and as additional applicants are determined to be eligible, the clerk shall deliver or mail official absentee ballots to such additional applicants immediately upon determining

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their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the absentee ballot clerk; and, provided, further, that no absentee ballot shall be mailed by the clerk on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The absentee ballot clerk may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the absentee ballot clerk is not received by the applicant, the applicant may notify the absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The absentee ballot clerk shall then issue a second absentee ballot to said applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. Section 13. Said title is further amended by striking Code Section 21-3-289, relating to mailing absentee ballots, and inserting in its place a new Code Section 21-3-289 to read as follows: 21-3-289. The postage required for mailing ballots to absentee electors, as provided in this article, shall be paid by the municipality, except in cases where free mail delivery is furnished by the federal government. Section 14. Said title is further amended by striking Code Section 21-3-312, relating to the distribution of certified electors list to managers in each municipal precinct, and inserting in its place a new Code Section 21-3-312 to read as follows: 21-3-312. (a) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of

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electors shall be authenticated by the signature of the chief registrar and at least one other registrar if more than one registrar has been appointed by the governing authority. In a primary, where the parties do not agree to have only one set of managers for a precinct, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the precinct in the immediately preceding election of the presiding officer of the governing authority. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists. (b) The registrars may, in their discretion, place a master list containing the names and proper voting precincts of all electors of the municipality at some or all of the polling places on the day of each election for use by the poll workers to assist electors in locating their proper precinct. Section 15. Said title is further amended by striking subsection (d) of Code Section 21-3-346, relating to procedures for the counting and return of votes in municipal primaries and elections, and inserting in its place a new subsection (d) to read as follows: (d) At elections, a cross (X) or check ([radic]) mark in the square opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked. Any erasure, mutilation, or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-3-105 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([radic]) mark is placed before the name of such person.

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Section 16. Said title is further amended by striking Code Section 21-3-404, relating to the manner of computing and certifying write-in votes, and inserting in its place a new Code Section 21-3-404 to read as follows: 21-3-404. The superintendent in computing the votes cast at any election shall compute and certify only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-3-105 exactly as such names were written by the elector. Section 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. STATE BOARD OF PARDONS AND PAROLES REIMBURSEMENT OF COUNTIES FOR MEDICAL SERVICES FOR PERSONS ARRESTED PURSUANT TO WARRANTS OF THE BOARD. Code Section 42-9-49 Amended. No. 550 (Senate Bill No. 39). AN ACT To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons, paroles, and other relief of persons convicted of crimes, so as to provide that costs of medical services may be included in the reimbursement paid by the State Board of Pardons and Paroles to counties for costs of incarceration of persons arrested pursuant to warrants of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons, paroles, and other relief of persons convicted of crimes, is amended by striking Code Section 42-9-49, relating to reimbursement of counties for costs of incarceration, and inserting in its place a new Code section to read as follows: 42-9-49. After proper documentation is received from the county, the board shall reimburse the county, pursuant to rules and regulations adopted by the board and in the amount appropriated for this purpose by the General Assembly, for the cost of incarceration of any person who is arrested pursuant to any warrant issued in accordance with Code Section 42-9-48. To the extent that funds are appropriated by the General Assembly for the purpose of reimbursement of medical expenses, the board may reimburse counties for the cost of medical services provided to persons so arrested. The liability of the board for such costs of incarceration shall begin when the person is incarcerated and shall end upon revocation of parole or conditional release of the person. This Code section shall apply only to cases in which the board's warrant is the sole basis for incarceration. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MAGISTRATES PRACTICE OF LAW; RESTRICTIONS. Code Section 15-10-22 Amended. No. 551 (Senate Bill No. 44). AN ACT To amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) A magistrate who is an attorney may practice in other courts but may not practice in the magistrate's own court or appear in any matter as to which that magistrate has exercised any jurisdiction. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GEORGIA DRIVER IMPROVEMENT ACT DRIVER IMPROVEMENT CLINICS; FEES. Code Section 40-5-83 Amended. No. 552 (Senate Bill No. 45). AN ACT To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Georgia Driver Improvement Act, so as to change the maximum fees which may be charged by driver improvement clinics for alcohol and drug courses, defensive driving courses, and other courses and programs; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Georgia Driver Improvement Act, is amended by striking subsection (a) of Code Section 40-5-83, relating to establishment and approval of clinics and programs, and inserting in its place a new subsection (a) to read as follows: (a) The commissioner shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $50.00 for a basic alcohol or drug course or an advanced alcohol or drug program.

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No approved clinic shall charge a fee of more than $50.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. SECRETARY OF STATE OFFICIAL DIRECTORY OF STATE AND COUNTY OFFICIALS AND OFFICERS; PUBLICATION; CONTENTS. Code Section 45-13-27 Enacted. No. 553 (Senate Bill No. 57). AN ACT To amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Secretary of State, so as to require the Secretary of State to publish annually an official directory of state and county officials and officers; to provide that such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States; to provide for the contents of such directory; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Secretary of State, is amended by adding at the end thereof a new Code Section 45-13-27 to read as follows: 45-13-27. It shall be the duty of the Secretary of State to publish annually an official directory of state and county officials and officers. Such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States. The directory shall contain the name and political party affiliation, independent status, or nonpartisan status of each person elected to a state or county office or to the Congress of the United States from this state. The directory shall contain such additional information as the Secretary of State shall prescribe in order to make the directory a useful and convenient reference work. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. TORTS CRIMINAL ACTS ON PROPERTY OF A POLITICAL SUBDIVISION; IMMUNITY OF POLITICAL SUBDIVISION; SOVEREIGN IMMUNITY. Code Section 51-1-38 Enacted. No. 554 (Senate Bill No. 68). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide that a person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury which is not inflicted by an officer,

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employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury; to provide for effect with respect to sovereign immunity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by adding at the end thereof a new Code Section 51-1-38 to read as follows: 51-1-38. A person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury as a result of said criminal act which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for any injury sustained. The provisions of this Code section shall not have the effect of waiving the sovereign immunity of any political subdivision. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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EMPLOYMENT SECURITY LAW MAXIMUM WEEKLY BENEFIT; DISCHARGE OR SUSPENSION FROM EMPLOYMENT FOR CAUSE; EFFECT. Code Sections 34-8-153 and 34-8-158 Amended. No. 555 (Senate Bill No. 75). AN ACT To amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the Employment Security Law, so as to provide for changes in the amount of the maximum weekly benefit; to provide that an individual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim; to provide that an individual shall be disqualified for benefits until he earns insured wages equal to 12 times the weekly benefit amount of his claim or equal to 16 times the weekly benefit of his claim if such individual is discharged from employment because of certain instances of intentional conduct; to provide exceptions from certain disqualifications for benefits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the Employment Security Law, is amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determinations of weekly benefit amounts, and inserting in its place a new subsection (b) to read as follows: (b) An individual's weekly benefit amount shall be that whole dollar amount, disregarding any fraction of a dollar, computed by dividing the total insured wages paid such individual in the highest two quarters of his base period by 50, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured

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wages paid such individual in that quarter of his base period in which such total wages were highest; provided, however, that for benefit years beginning on or after July 1, 1983, no weekly benefit amount shall be established for less than $27.00 nor more than $125.00; provided, further, that for benefit years beginning on or after July 1, 1985, no weekly benefit amount shall be established for less than $27.00 nor more than $135.00; provided, further, that for benefit years beginning on or after July 1, 1986, no weekly benefit amount shall be established for less than $27.00 nor more than $145.00; provided, further, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00 nor more than $155.00; provided, further, that for benefit years beginning on or after July 1, 1988, no weekly benefit amount shall be established for less than $37.00 nor more than $165.00, except that the maximum weekly benefit amount shall be $115.00 for all benefit years beginning on or after the first Monday of the third week following the week in which the amount in the Unemployment Trust Fund becomes less than $175 million. Section 2. Said article is further amended by striking in its entirety paragraph (2) of Code Section 34-8-158, relating to grounds for disqualification for benefits, and inserting in its place a new paragraph (2) to read as follows: (2) (A) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent employer for failure to obey orders, rules, or instructions or for failure to discharge the duties for which he was employed as determined by the Commissioner according to the circumstances in the case and until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned insured wages for services in employment equal to at least eight times the weekly benefit amount of his claim; provided that in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth

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shall be on the employer and the presumption shall be with the employee; provided, further, that: (i) An individual shall secure employment and show to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned insured wages equal to at least 12 times the weekly benefit amount of his claim, if it is determined by the Commissioner that he has been discharged for cause by the most recent employer for one or more of the following reasons: (I) Intentional conduct on the premises of the employer or while on the job which results in a physical assault upon or bodily injury to the employer, fellow employees, customers, patients, bystanders, or the eventual consumer of products; or (II) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft of property, goods, or money valued at $100.00 or less; and (ii) An individual shall secure employment and show to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned insured wages equal to at least 16 times the weekly benefit amount of his claim if it is determined by the Commissioner that he has been discharged for cause by the most recent employer for one or more of the following reasons: (I) Intentional conduct by the employee which results in property loss or damages amounting to $2,000.00 or more; or (II) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft of property, goods, or money valued at over $100.00, sabotage, or embezzlement. (B) An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based

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on the rules and regulations promulgated by the Commissioner, the Commissioner determines: (i) The individual made a good faith effort to perform the duties for which hired but is simply unable to do so; (ii) The individual did not intentionally fail or consciously neglect to perform his job duties; (iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer; (iv) The discharge occurred as a violation of the employer's rule of which the claimant was not informed, by having been made aware thereof by the employer or through common knowledge. Consistency of prior enforcement shall be taken into account as to the reasonableness or existence of the rule and such rule must be lawful and reasonably related to job environment and job performance; or (v) Except for activity requiring disqualification under paragraph (4) of this Code section, the employee was exercising a protected right to protest against wages, hours, working conditions, or job safety under the federal National Labor Relations Act or other laws. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SECURITIES CERTIFICATE OF THE SECRETARY OF STATE; PRIMA-FACIE EVIDENCE OF COMPLIANCE OR NONCOMPLIANCE WITH SECURITIES LAWS. Code Section 10-5-22 Amended. No. 556 (Senate Bill No. 78). AN ACT To amend Code Section 10-5-22 of the Official Code of Georgia Annotated, relating to the burden of proving exemptions to securities laws and the admissibility of certified records in proceedings involving securities, so as to provide that a certificate of the Secretary of State as commissioner of securities regarding compliance or noncompliance with the securities laws shall constitute prima-facie evidence of such compliance or noncompliance and shall be admissible in civil or criminal actions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-5-22 of the Official Code of Georgia Annotated, relating to the burden of proving exemptions to securities laws and the admissibility of certified records in proceedings involving securities, is amended by adding at the end thereof a new subsection, to be designated subsection (d), to read as follows: (d) In any action, civil or criminal, a certificate signed and sealed by the commissioner, stating compliance or noncompliance with this chapter, shall constitute prima-facie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CLERKS OF THE SUPERIOR COURTS, SHERIFFS, AND JUDGES OF THE PROBATE COURTS MINIMUM SALARIES. Code Sections 15-6-88, 15-9-63, and 15-16-20 Amended. No. 557 (Senate Bill No. 106). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the salaries of certain officers; to change the minimum annual salaries of clerks of superior courts; to change the minimum annual salaries of the sheriffs; to change the minimum annual salaries of the judges of the probate courts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-6-88, relating to the minimum annual salary schedule for clerks of superior courts, and inserting in its place a new Code Section 15-6-88 to read as follows: 15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, however, that in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

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Population Minimum Salary 0 5,999 $ 15,187.00 6,000 11,999 20,856.00 12,000 19,999 23,626.00 20,000 29,999 25,313.00 30,000 39,999 27,000.00 40,000 49,999 28,688.00 50,000 99,999 30,376.00 100,000 199,999 32,064.00 200,000 249,999 33,751.00 250,000 294,999 46,674.00 295,000 and up 51,524.00 Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 21,405.00 6,000 - 11,999 23,885.00 12,000 - 19,999 27,430.00 20,000 - 29,999 30,204.00 30,000 - 39,999 32,976.00 40,000 - 49,999 35,752.00 50,000 - 99,999 38,525.00 100,000 - 199,999 41,144.00 200,000 - 249,999 44,073.00 250,000 - 299,999 48,241.00 300,000 - and up 53,873.00

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Section 2.1 . Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-9-63, relating to minimum salaries for judges of the probate courts, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Each such judge of the probate court shall receive an annual salary beginning on January 1, 1988, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 5,999 $ 14,302.00 6,000 11,999 18,885.00 12,000 19,999 20,978.00 20,000 29,999 23,175.00 30,000 39,999 25,640.00 40,000 49,999 27,044.00 50,000 99,999 29,103.00 100,000 199,999 35,012.00 200,000 294,999 42,997.00 295,000 or more 46,865.00 Section 3 . This Act shall become effective January 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CRIMES AND OFFENSES TATTOOING PERSONS UNDER 16 PROHIBITED. Code Section 16-5-71 Enacted. No. 558 (Senate Bill No. 112). AN ACT To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any person to tattoo the body of any person under the age of 16; to provide exceptions; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by adding at the end thereof a new Code Section 16-5-71 to read as follows: 16-5-71. (a) It shall be unlawful for any person to tattoo the body of any person under the age of 16, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 16 by pricking in coloring matter or by producing scars for medical or cosmetic purposes. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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INCOME TAXES EVASION; CRIMINAL PENALTIES. Code Section 48-7-5 Enacted. No. 559 (Senate Bill No. 119). AN ACT To amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to income taxes, so as to provide criminal penalties for the evasion or attempted evasion of any income tax, penalty, interest, or other amount in excess of $3,000.00 imposed under Chapter 7 of Title 48; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to income taxes, is amended by adding at the end thereof a new Code Section 48-7-5 to read as follows: 48-7-5. Any person who willfully evades or defeats or willfully attempts to evade or defeat, in any manner, any income tax, penalty, interest, or other amount in excess of $3,000.00 imposed under this chapter, including but not limited to failure to file a return or report, shall, in addition to any other criminal or civil penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000.00 in the case of an individual or not more than $500,000.00 in the case of a corporation or imprisoned not less than one nor more than five years, or both. Conduct proscribed by this Code section shall be subject to punishment under this Code section notwithstanding the applicability to such conduct of any other provision of law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ORDINANCES; SECURITY OFFICERS; PROSECUTION; PENALTIES; ALCOHOLIC BEVERAGE SALES. Code Sections 12-3-314 and 12-3-315 Amended. No. 560 (Senate Bill No. 130). AN ACT To amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to provide additional authorization for the adoption and enforcement of reasonable ordinances by the authority; to provide additional authorization for the appointment of security officers; to provide additional authorization for security officers to make arrests for violation of such ordinances and exercise other law enforcement powers; to provide that the prosecution, trial, and punishment for violations of such ordinances shall be in the magistrate court and governed by certain provisions of Article 4 of Chapter 10 of Title 15; to provide that preexisting and nonconflicting ordinances shall remain in effect; to authorize the authority to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by the authority or upon watercraft owned or controlled by the authority operating on Lake Sidney Lanier from such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, is amended by striking Code Section 12-3-315, relating to exercise of police powers, and substituting in lieu thereof a new Code Section 12-3-315 to read as follows: 12-3-315. (a) The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state. In addition, and upon the adoption by the authority of a resolution so stating, the authority is empowered to exercise the police powers of the state in areas up to within 300 yards of the shoreline of the islands, as such areas are specified in the resolution. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which the park is located. (b) The authority shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Lake Lanier Islands for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of the State of Georgia. The authority is further authorized to adopt ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in the same manner as a local authority under Code Section 40-6-372. Within the limits of the Lake Lanier Islands, the authority is authorized to appoint security officers who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the authority. Within the limits of Lake Lanier Islands, such security officers shall have the same authority, powers, and privileges regarding enforcement of laws as sheriffs of this state. Prosecutions for violations of the ordinances of the authority shall be in the magistrate court as provided in Article 4 of Chapter 10 of Title 15. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.

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(c) The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both, except that an ordinance adopting the provisions of Code Section 40-6-391 shall provide the same punishment as provided by Code Section 40-6-391 for violations of that Code section. (d) All of the provisions of any ordinances and resolutions adopted by the authority which are in force and effect as of the effective date of this Code section and which are not inconsistent with nor repugnant to this Code section and not in conflict with the Constitution or the general laws of the State of Georgia or the Constitution of the United States shall remain in full force and effect, provided that the authority may at any time repeal, alter, or amend any of the provisions of said ordinances and resolutions. Section 2 . Said part is further amended in Code Section 12-3-314, relating to powers of the authority, by striking the word and at the end of paragraph (18), by replacing the period at the end of paragraph (19) with the symbol and word ; or, and by adding a new paragraph (20) to read as follows: (20) To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only: (A) Upon property owned or controlled by the authority and located within the territorial limits of property controlled by the authority; and (B) Upon watercraft owned or controlled by the authority operating on Lake Sidney Lanier from such property. The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. MAGISTRATE COURTS JURISDICTION OVER VIOLATIONS OF PENAL ORDINANCES OF STATE AUTHORITIES. Code Sections 15-10-2 and 15-10-60 through 15-10-66 Amended. No. 561 (Senate Bill No. 131). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the trial of charges of violations of penal ordinances of state authorities; to provide for practice and procedure with respect to such matters; to provide that this Act shall not grant to any state authority more power than it otherwise has to enact or enforce such ordinances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking paragraph (4) of Code Section 15-10-2, relating to jurisdiction of magistrate courts, and inserting in its place a new paragraph (4) to describe certain matters within the jurisdiction of magistrate courts, and to read as follows: (4) The trial of charges of violations of county ordinances and penal ordinances of state authorities;.

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Section 2. Said chapter is further amended by striking Article 4, relating to proceedings for violation of ordinances, and inserting in its place a new article to read as follows: ARTICLE 4 15-10-60. This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $500.00 or 60 days' imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. 15-10-61. There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have. 15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state authorities shall be upon citation as provided in Code Section 15-10-63 or upon accusation by such attorney as the state authority may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation. (b) Accusations of violations of ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior

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to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-63. (a) The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county or authority agent who completes and serves it. (c) Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. The original of the citation shall be personally served upon the accused; and a copy shall promptly be filed with the court. (d) No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct or as authorized by ordinance of a state authority; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-63.1. (a) The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance. The chief magistrate shall designate the officer or officers authorized to accept cash bonds pursuant to the schedule of bonds published by the court. In no event shall any officer or agent who is authorized

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to issue citations be authorized to accept a cash bond at the time of or in conjunction with the issuance of any citation. The officer accepting a cash bond shall issue a receipt for the bond to the person charged with the violation. (b) Any person who is accused by citation but has not been arrested may, but shall not be required to, give a cash bond for his personal appearance in court for trial. If a person who has given a cash bond fails to appear for trial, the failure to appear shall be deemed to constitute a guilty plea and such cash bond shall be forfeited upon the call of the case for trial. It shall not be necessary for the county to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall be deemed to constitute imposition and payment of a fine and shall be a bar to a subsequent prosecution of the accused for the violation. The court may, however, in any case enter an order pursuant to which bond forfeiture shall not be deemed to constitute imposition of a sentence and subsequent prosecution shall not be barred; and in any such case the amount of the bond forfeited shall be credited against any fine subsequently imposed. (c) It shall be the duty of the clerk of magistrate court to furnish the officer or officers authorized under the order with a book of blank receipts consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when accepting a cash bond so as to show the name of the person cited or arrested, the date of citation or arrest, nature of the offense, amount of cash bond given, and the name of the receiving officer. The receiving officer shall deliver a copy of the receipt to the person cited or arrested at the time the cash bond is given and shall file the original together with the cash bond with the clerk of the magistrate court not later than the next succeeding business day following the date of issuance of the receipt. 15-10-64. (a) Execution may issue immediately upon any fine imposed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or arrested or sentenced to confinement for violation of ordinances.

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15-10-65. Review of convictions shall be by certiorari to the superior court. 15-10-66. The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney for violations of county ordinances; and any attorney designated by the affected state authority may act as prosecuting attorney for violation of state authority ordinances. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. STATE-WIDE PROBATION ACT OVER-PAYMENT OF FINES, RESTITUTION, OR MONEY OWED AS A CONDITION OF PROBATION; NO REFUND IF LESS THAN $5.00. Code Section 42-8-33 Amended. No. 562 (Senate Bill No. 142). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, so as to provide that any over-payment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of such over-payment is less than $5.00; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, is amended by striking in its entirety Code Section 42-8-33, relating to conduct of audits of accounts of probation supervisors by the Department of Corrections, and inserting in lieu thereof a new Code Section 42-8-33 to read as follows: 42-8-33. (a) The department shall make periodic audits of each probation supervisor who, by virtue of his duties, has any moneys, fines, court costs, property, or other funds coming into his control or possession or being disbursed by him. The department shall keep a permanent record of the audit of each probation supervisor's accounts on file. It shall be the duty of the employee of the department conducting the audit to notify the department in writing of any discrepancy of an illegal nature that might result in prosecution. The department shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as it may choose, without notifying the probation supervisor, to carry out the purposes of the audit. The employee who conducts the audit shall be required to give bond in such amount as may be set by the department, in the same manner and for the same purposes as provided under Code Section 42-8-26 for the bonds of probation supervisors. The bond shall bind the employee and his surety in the performance of his duties. (b) Any over-payment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of such over-payment is less than $5.00. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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PENAL INSTITUTIONS COMMISSIONER OF CORRECTIONS; AUTHORIZATION FOR EMPLOYEES TO ASSIST LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS IN PRESERVING ORDER AND PEACE. Code Section 42-5-35 Amended. No. 563 (Senate Bill No. 143). AN ACT To amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions, so as to provide that the commissioner of corrections or his designee may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions, is amended by striking in its entirety Code Section 42-5-35, relating to conferral of police powers by the commissioner of corrections upon persons in his employment, and inserting in lieu thereof a new Code Section 42-5-35 to read as follows: 42-5-35. (a) The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon persons in his employment as he deems necessary, provided that individuals so designated meet the requirements specified in all applicable laws. (b) The commissioner or his designee may authorize certain persons in his employment to assist law enforcement

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officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PROBATION TOLLING OF SENTENCE WHEN THE PROBATIONER IS IN VIOLATION OF PROBATION; RETURN OF WARRANTS FOR ABSCONDED PROBATIONERS; NON EST INVENTUS. Code Section 42-8-36 Amended. No. 564 (Senate Bill No. 144). AN ACT To amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform probation supervisor of residence and whereabouts, so as to change the provisions relating to the tolling of the sentence when the probationer is in violation of the terms and conditions of probation; to provide that any officer authorized by law to issue warrants may return the warrant for the absconded probationer showing non est inventus; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform probation supervisor of residence and whereabouts, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a condition of probation, to keep his probation supervisor informed as to his residence. Upon the recommendation of the probation supervisor, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor informed as to his whereabouts. The failure of a probationer to report to his probation supervisor as directed or a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor to be the probationer's county of residence shall automatically suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court; and such period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. The effective date of the tolling of the sentence shall be the date that the officer returns the warrant showing non est inventus. Any officer authorized by law to issue warrants may return the warrant for the absconded probationer showing non est inventus. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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BOARD OF CORRECTIONS QUORUM. Code Section 42-2-3 Amended. No. 565 (Senate Bill No. 146). AN ACT To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to change the provisions relating to a quorum on the Board of Corrections for the transaction of business; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by striking in its entirety Code Section 42-2-3, relating to meetings of the Board of Corrections, and inserting in lieu thereof a new Code Section 42-2-3 to read as follows: 42-2-3. The board shall meet once each month in the office of the commissioner, unless in the discretion of a majority of the board it is necessary or convenient to meet elsewhere to carry out the duties of the board. Special meetings may be held at such times and places as shall be specified by the call of the chairman of the board or by the commissioner. The secretary of the board shall give written notice of the time and place of all meetings of the board to each member of the board and to the commissioner. Meetings of the board shall be open to the public. However, the board may hold executive sessions pursuant to Chapter 14 of Title 50 whenever it, in its discretion, deems advisable. Eight members of the board shall constitute a quorum for the transaction of business. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. ETHICS IN GOVERNMENT ACT RECALL ELECTIONS; CONTRIBUTIONS; USE OF FUNDS; PROPOSED CONSTITUTIONAL AMENDMENTS, REFERENDUMS, OR QUESTIONS; DISPOSITION OF EXCESS CONTRIBUTIONS. Code Sections 21-5-3, 21-5-30, 21-5-33, and 21-5-34 Amended. No. 566 (Senate Bill No. 156). AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to provide that certain provisions relating to campaign committees, acceptance of contributions, making of expenditures, filing of certain disclosure reports, and disposition of certain funds in relation to the recall of certain public officers shall apply to bringing about such recall or to opposing such recall; to change certain definitions relating to ethics in government; to change certain provisions relating to the disposition of certain contributions; to provide for the utilization and disposition of certain funds to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a statewide referendum, or certain local questions; to provide for utilization and disposition of certain contributions to certain public officers who leave office with excess contributions; to provide for utilization and disposition of excess contributions to certain unsuccessful candidates for public office; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, is amended by striking paragraphs (2), (6), and (9) of Code Section 21-5-3, relating to definitions regarding ethics in government, and inserting in their place new paragraphs (2), (6), and (9) to read as follows: (2) `Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term `campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum. The term `campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election. (6) `Contribution' means a gift, subscription, membership, 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 office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a statewide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. The term `contribution' shall include other forms of payment made to candidates

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for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or officeholder. The term `contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (9) `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, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. 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 term `expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 21-5-30, relating to certain contributions made to a candidate or campaign committee or for the recall of a public officer, and inserting in its place a new subsection (a) to read as follows: (a) No contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose. Section 3. Said chapter is further amended by striking Code Section 21-5-33, relating to disposition of contributions,

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and inserting in its place a new Code Section 21-5-33 to read as follows: 21-5-33. (a) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate's campaign for elective office or such public officer's fulfillment or retention of such office. (b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows: (A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; (B) For transferral without limitation to any national, state, or local committee of any political party or to any candidate; (C) For repayment on a pro rata basis to persons making such contributions; (D) For use in future campaigns for any elective office; (E) For repayment of any prior campaign obligations incurred as a candidate; or (F) (i) For any personal use; provided, however, that no such candidate or such public officer shall convert contributions to the personal use or benefit of such candidate or such public officer unless such candidate or such public officer shall have:

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(I) Written to every contributor to the most recent campaign to notify the contributor that such candidate or such public officer intends to convert contributions to the personal use of such candidate or such public officer; (II) Extended an opportunity in writing to every contributor to the most recent campaign to receive a pro rata distribution from the campaign committee in lieu of having the contributions converted to the personal use of such candidate or such public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and (III) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of such candidate or such public officer. (ii) Notwithstanding any other provision of this subparagraph to the contrary, no repayment or offer of repayment shall be required if there is less than $5,000.00 in the campaign account of a state-wide candidate or public officer holding elective office or if there is less than $1,000.00 in the campaign account of a candidate or elected official other than a state-wide candidate or public officer holding elective office. (2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elective office. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account

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in any manner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection. (c) Contributions shall not constitute personal assets of such candidate or such public officer unless and until such contributions are converted to the personal use of such candidate or such public officer as provided in subparagraph (b)(1)(F) of this Code section. (d) (1) Contributions received by a campaign committee designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election and any proceeds derived from investing such contributions shall be utilized only to defray ordinary and necessary expenses associated with influencing the voters on such issue. (2) All contributions received by a campaign committee as provided in paragraph (1) of this subsection in excess of those necessary to defray expenses relative to the influencing of voters on such issue as determined by the campaign committee may only be used as follows: (A) Contributions to any charitable organization described in 26 U.S.C. 170(c) as such federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or (B) For repayment on a pro rata basis to persons making such contributions. Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-34, relating to certain disclosure reports, and inserting in its place a new paragraph (1) to read as follows: (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination

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or election of a candidate for any office except county and municipal offices and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairman or treasurer of his or her campaign committee shall file a copy of each of his or her reports with the election superintendent of the county of his or her residence. Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-5-34, relating to certain disclosure reports, to be designated subsection (i), to read as follows: (i) (1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied.

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Section 6. This Act shall become effective upon signature of the Governor. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. ELECTIONS ABSENTEE VOTING. Code Sections 21-2-380 and 21-3-280 Amended. No. 567 (House Bill No. 421). AN ACT To amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, and to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to redefine the term absentee elector; to allow absentee voting by an elector who is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, is amended by striking Code Section 21-2-380, relating to the definition of the term absentee elector, and inserting in lieu thereof a new Code Section 21-2-380 to read as follows: 21-2-380. As used in this article, the term `absentee elector' means an elector of this state who is required to be absent from his precinct during the time of the primary or

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election he desires to vote in, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election, or who is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides. Section 2. Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, is amended by striking Code Section 21-3-280, relating to the definition of the term absentee elector, and inserting in lieu thereof a new Code Section 21-3-280 to read as follows: 21-3-280. The term `absentee elector,' as used in this article, means an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election, or who is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SOCIAL WORKERS MASTER'S SOCIAL WORKERS; EXPERIENCE REQUIREMENTS FOR LICENSURE. Code Section 43-7A-12 Amended. No. 568 (House Bill No. 433). AN ACT To amend Code Section 43-7A-12 of the Official Code of Georgia Annotated, relating to education, experience, and training requirements for licensure in social work, so as to change certain experience requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-7A-12 of the Official Code of Georgia Annotated, relating to education, experience, and training requirements for licensure in social work, is amended by striking in its entirety paragraph (1) of subsection (a) thereof and inserting in its place a new paragraph (1) to read as follows: (1) For licensure as a master's social worker, a master's degree in social work from a school accredited by the Council on Social Work Education; and Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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EDUCATION NORTH GEORGIA COLLEGE MILITARY SCHOLARSHIPS; NUMBER; SELECTION. Code Sections 20-3-422 and 20-3-423 Amended. No. 569 (House Bill No. 450). AN ACT To amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients; to provide for selection of persons from congressional districts; 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. Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, is amended by striking Code Section 20-3-422, relating to the nomination of candidates for military scholarships, in its entirety and substituting in lieu thereof a new Code Section 20-3-422 to read as follows: 20-3-422. The authority shall establish and promulgate, consistent with this subpart, criteria for the eligibility and award of such scholarships. The authority shall, on or before February 1 of each year, select and nominate 60 persons (six persons from each congressional district in Georgia) from a list of persons recommended to the authority by members of the General Assembly. From the 60 persons so nominated, 30 shall be selected as scholarship recipients as provided in Code Section 20-3-423. Section 2. Said subpart is further amended by striking subsection (b) of Code Section 20-3-423, relating to the creation and composition of selection committee and duties of selection committee, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) It shall be the duty of the selection committee to select, from the six nominees from each congressional district submitted to the committee pursuant to Code Section 20-3-422, three persons from each congressional district to receive a scholarship under this subpart. In the event a congressional district does not have three qualified candidates, the committee may select a candidate or candidates at large from alternate nominees among the original 60 candidates without regard to the congressional district of residence. Upon selecting the recipients of scholarships, the committee shall: (1) Notify each recipient of the scholarship; (2) Notify each member of the legislative delegation from each congressional district of the names of the recipients of the scholarships from that congressional district; and (3) Notify the authority of the names and addresses of the recipients of the scholarships. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GAME AND FISH FOX; TRAPPING, SELLING, PURCHASING, AND BREEDING; PERMITS; COMMERCIAL FOX HUNTING PRESERVES. Code Section 27-2-22.1 Enacted. Code Section 27-2-23 Amended. No. 570 (House Bill No. 456). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps applicable

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to game, fish, or wildlife, so as to provide a new permit to trap and sell live fox under certain conditions; to provide that only persons licensed under this Code section may purchase live fox and such persons must only purchase fox from persons licensed or permitted under this Code section; to provide a new license to own or operate a commercial fox hunting preserve under certain conditions; to provide a new license to engage in the business of propagating or breeding fox for sale, restocking, propagation, or other commercial purposes; to provide for the licenses required to hunt fox on a fox hunting preserve; to provide that it shall be unlawful to receive or possess fox from out of this state, unless the jurisdiction from which such fox was transported permits such transport and unless such transport is pursuant to a permit from the department; to add a fee for a commercial fox hunting preserve license and a fee for a commercial fox breeder license; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps applicable to game, fish, or wildlife, is amended by adding a new Code Section 27-2-22.1 to read as follows: 27-2-22.1. (a) It shall be unlawful for any person to trap and sell live fox without first procuring a commercial trapping license provided for in Code Section 27-2-23 and obtaining a permit from the department to trap and sell live fox. The department may grant such a permit when, in its discretion, it determines that the issuance of the permit is in the best interest of the wildlife resources and citizens of this state. If such a permit is issued, the department shall prescribe the term for each permit and may impose conditions as it determines necessary, including, but not limited to, the condition that live fox may only be sold to persons having a valid permit or license provided for in this Code section. (b) It shall be unlawful for any person to purchase a live fox unless the person selling such game animal has a valid permit or license provided for in this Code section and unless the person purchasing such animal has a valid permit or license provided for in this Code section.

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(c) It shall be unlawful for any person to own or operate an area utilized for the purpose of running, taking, or hunting penned fox for a fee or other manner of compensation to such owner or operator unless such person has a valid commercial fox hunting preserve license provided for in this subsection and in Code Section 27-2-23. For purposes of this Code section, the term `penned fox' means a fox that has been trapped, purchased, or raised in captivity. The license required by this subsection shall be effective from April 1 through March 31 of the following year. An application for a commercial fox hunting preserve license shall be submitted on a form prescribed by the department. No license shall be issued pursuant to this subsection unless the following conditions are met and each permit shall be conditioned upon the following: (1) Fox may be held in holding pens not less than four acres in size or in smaller facilities for the treatment of fox which are injured, diseased, or very young; (2) There shall be no restriction on the number of dogs which may be used concurrently in areas of at least 100 acres in size which are enclosed and used for the purpose of running, taking, or hunting penned fox. For enclosed areas of less than 100 acres only one dog may be used for each five acres of area to be utilized for running, taking, or hunting penned fox; (3) The density of fox in a running pen may not exceed one animal per ten acres; (4) The boundary lines of areas to be utilized for the purpose of running, taking, or hunting penned fox must be posted against trespassing and must be marked by signs indicating such boundary lines, and letters not less than two inches in height shall be used to indicate such boundary lines and that the area is posted against trespassing; (5) All facilities to be utilized by the fox hunting preserve shall be maintained in a sanitary condition with adequate food, water, and shelter available at all times for such animals. Fox shall also be vaccinated against

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canine disease prior to release into an area used for running, taking, or hunting; and (6) Records of fox located within the fox hunting preserve and of any known losses of fox shall be maintained and kept current by the owner or operator of such facility. Records shall also be maintained of all fox purchased, including the number of fox purchased, the date of purchase, and the name and address of the seller, for the purpose of inspection by the department. (d) It shall be unlawful for any person to engage in the business of propagating or breeding fox for sale, restocking, propagation, or other commercial purposes unless that person has obtained a commercial fox breeder license provided for in this subsection and in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year. An application for a commercial fox breeder license shall be submitted on a form as prescribed by the department. No license shall be issued pursuant to this subsection unless the following conditions are met and each permit shall be conditioned upon the following: (1) All facilities associated with the business of propagating or breeding fox shall be maintained in a sanitary condition with adequate food, water, and shelter available at all times for such animals; and (2) Records shall be kept of fox purchased by the commercial fox breeder, including the number of animals, the date of purchase, and the name and address of the seller, for the purpose of inspection by the department; and (3) Persons engaged in the business of propagating or breeding fox shall be knowledgeable and competent in such business. (e) It shall be unlawful for any person to hunt, take, or possess fox at a commercial fox hunting preserve without first procuring the licenses required under this title; provided, however, nonresidents of this state may procure a nonresident hunting preserve license which shall meet the requirements of this subsection and this title.

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(f) It shall be unlawful to receive or possess any fox shipped, transported, or removed from outside of this state unless the jurisdiction from which such fox was transported is pursuant to a permit from the department. Section 2. Said chapter is further amended by adding new subparagraphs (H) and (I) to paragraph (1) of Code Section 27-2-23, relating to license, permit, and stamp fees, to read as follows: (H) Commercial fox hunting preserve Season $ 50.00 (I) Commercial fox breeder license Season $ 50.00 Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PEACE OFFICERS' ANNUITY AND BENEFIT FUND BOARD OF COMMISSIONERS; INVESTMENT POWERS. Code Section 47-17-23 Amended. No. 571 (House Bill No. 457). AN ACT To amend Code Section 47-17-23 of the Official Code of Georgia Annotated, relating to the investment powers of the Board

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of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the investment powers of the board; 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 47-17-23 of the Official Code of Georgia Annotated, relating to the investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, except that board may invest not more than 50 percent of the assets of the fund in common stocks and equities. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. Section 2. This Act shall become effective July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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PEACE OFFICERS' ANNUITY AND BENEFIT FUND FINES AND FORFEITURES FOR COUNTY ORDINANCE VIOLATIONS. Code Section 47-17-60 Amended. No. 572 (House Bill No. 459). AN ACT To amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to revenues collected from fines and bond forfeitures pursuant to the law relating to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the sources of such revenue; 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 47-17-60 of the Official Code of Georgia Annotated, relating to revenues collected from fines and bond forfeitures pursuant to the law relating to the Peace Officers' Annuity and Benefit Fund, is amended by striking the introductory language of subsection (a) which reads as follows: (a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule:, and inserting in lieu thereof new introductory language of subsection (a) to read as follows: (a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule:.

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Section 2. This Act shall become effective July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CRIMES AND OFFENSES FIREARMS; RECEIVING, POSSESSING, OR TRANSPORTING BY PERSON ON PROBATION AS A FIRST OFFENDER; PENALTY; RELEASE FROM DISABILITIES. Code Section 16-11-131 Amended. No. 573 (House Bill No. 466). AN ACT To amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the prohibition of possession of firearms by convicted felons, so as to prohibit any person who is on probation as a first offender from receiving, possessing, or transporting any firearm; to provide a penalty; to provide for the relief from certain disabilities imposed by this Code section; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the prohibition of possession of firearms by convicted felons, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person who is on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has

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been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. Section 2. Said Code section is further amended by adding at the end thereof a new subsection (e) to read as follows: (e) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES COUNTY ADMINISTRATORS; QUALIFICATIONS; ANNUAL FEE. Code Section 53-6-91 Amended. No. 574 (House Bill No. 497). AN ACT To amend Article 4 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, so as to provide that if the person to be appointed as county administrator is an active member of the State Bar of Georgia,

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such person need not be a county resident but only a resident of this state; to authorize the payment by the county of an annual fee to a person serving as county administrator, assistant county administrator, county guardian, or assistant county guardian; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, is amended by striking in its entirety Code Section 53-6-91, relating to the qualifications of county administrators and the eligibility of the clerk of the superior court to serve as county administrator, and inserting in its place a new Code Section 53-6-91 to read as follows: 53-6-91. (a) Except as provided in this subsection, the county administrator shall have attained the age of 21 years and shall have been for one year a resident of the county for which he is appointed. If the person to be appointed is an active member, in good standing, of the State Bar of Georgia, such person need not be a resident of the county but only a resident of this state. (b) The clerk of the superior court shall be eligible for this office. (c) If the county governing authority consents, the county administrator, any authorized assistant county administrators, ex officio county guardians, or assistant county guardians may be paid an annual fee for so serving. The amount of any such fee shall be established by agreement of the county governing authority, the judge of the probate court, and the person so serving. Any such fee shall be in addition to commissions authorized under other provisions of law. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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JUVENILE COURTS DEPRIVED CHILDREN; PLACEMENT IN SHELTER CARE. Code Section 15-11-20 Amended. No. 575 (House Bill No. 501). AN ACT To amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to placement of a deprived, abused, or neglected child in shelter care, so as to provide that placement of a child in shelter care requires approval of a juvenile court judge or his designee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to placement of a deprived, abused, or neglected child in shelter care, is amended by striking subsection (f) of said Code section and inserting in its place a new subsection (f) to read as follows: (f) A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his designee. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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BOXING PROFESSIONAL BOXING MATCH REDEFINED. Code Section 31-31-1 Amended. No. 576 (House Bill No. 558). AN ACT To amend Code Section 31-31-1 of the Official Code of Georgia Annotated, relating to definitions in connection with boxing match licenses, so as to change the definition of the term professional boxing match; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-31-1 of the Official Code of Georgia Annotated, relating to definitions in connection with boxing match licenses, is amended by striking paragraph (4) of said Code section in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows: (4) `Professional boxing match' means an event in the State of Georgia in which boxers compete for a monetary prize and shall include kick boxing or contact karate. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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APPROPRIATIONS DEPARTMENT OF LABOR; SUPPLEMENTAL; UNEMPLOYMENT TRUST FUND. No. 577 (House Bill No. 562). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor 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 United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is appropriated to the Department of Labor out of funds credited to and held in this state's account in

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the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $193,170.80. Of said additional amount, the sum of $193,170.80 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as he finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section

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34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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COURTS CIVIL COURT JUDGES PRO TEMPORE; SERVICE AS MAGISTRATES PRO TEMPORE. Code Section 15-10-27 Amended. No. 578 (House Bill No. 585). AN ACT To amend Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) A civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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REVENUE AND TAXATION STATE BOARD OF EQUALIZATION; TIME ALLOWED FOR STATE REVENUE COMMISSIONER TO NOTIFY TAXPAYERS OF PROPOSED ASSESSMENTS. Code Section 48-2-18 Amended. No. 579 (House Bill No. 611). AN ACT To amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their proposed assessments; 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 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) As chairman and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as he is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the proposed assessment of its property and shall state in the notice that the taxpayer shall have 20 days after the date on which the notice was mailed in which to submit to the commissioner a written appeal of the proposed assessed valuation and request a hearing on the appeal.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. BONDS GEORGIA ALLOCATION SYSTEM; ALLOCATION AMONG GOVERNMENTAL UNITS AND AUTHORITIES. Code Sections 36-82-180 through 36-82-200 Revised. Code Sections 36-82-201 through 36-82-209 Enacted. No. 580 (House Bill No. 619). AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units or other authorities authorized to issue bonds; to provide for the allocation of the state ceiling as imposed and authorized by federal law; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for the computation of the state ceiling; to provide for applications for and allocations of the state ceiling; to provide for suballocations of the state ceiling; to provide for qualifications and requirements for allocating the state ceiling; to provide for the powers, duties, and responsibilities of the Department of Community Affairs; to provide guidelines and procedures; to provide for carryforward projects; to provide for applicability; 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:

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Section 1. Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended by striking Article 8 in its entirety and inserting in lieu thereof a new Article 8 to read as follows: ARTICLE 8 36-82-180. This article shall be known and may be cited as the `Georgia Allocation System.' 36-82-181. The economic development of the State of Georgia is of vital importance to the state and its citizens. Private activity bond financing has been an integral part of the state's program for economic development. The United States government has enacted a law which limits the availability of private activity bond financing within each state. This limited resource must be used in the best interest of the State of Georgia to the fullest extent permitted by federal law. The federal law limits the annual issuance of private activity bonds in the state to an amount not exceeding a state ceiling imposed under the federal law. The federal law not only provides for a distribution of the state ceiling but also provides that a state may by law provide for a different formula for allocating the state ceiling among the governmental units or other authorities in the state having authority to issue private activity bonds. The purpose of this article is to implement a system for allocating the use of private activity bonds, as permitted by federal law, in order to further the economic development of the state, to further the provision of safe and sanitary housing, and otherwise to further the purposes of the laws of the state which provide for the issuance of such bonds. 36-82-182. As used in this article, the term: (1) `Amount' means, when used with respect to bonds, notices of allocation, or portions of the state ceiling, shall mean an amount measured in terms of United States dollars. (2) `Application' means the application and amendments thereto for a notice of allocation required to be filed by an issuer with the department pursuant to this article.

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(3) `Bonds' means any bonds, notes, or other obligations which would be included or treated as private activity bonds for the purpose of the state's volume cap under Section 146 of the Federal Code. Section 146 of the Federal Code provides that, for purposes of that section, the term `private activity bond' shall not include the specifically designated types of bonds which would, under other provisions of the Federal Code, constitute private activity bonds; and for purposes of this article the term `bonds' shall mean only those bonds, notes, or other obligations subject to the volume cap under Section 146 of the Federal Code. For purposes of this article, the term `bonds' shall include the private activity portion of governmental use bonds. (4) `Borrower' means any person or persons whose private business use, within the meaning of Section 141 of the Federal Code, would cause any bonds to constitute private activity bonds within the meaning of Section 141 of the Federal Code. If there is more than one such person with respect to any issue of bonds, then the term `borrower' shall mean and include each and every such person known at the time that the issuer files an application. (5) `Business day' means a day on which the department is open for business. The term `business day' shall not include any Saturday, Sunday, or legal holiday officially observed by the state. (6) `Carryforward election application' means the application for a notice of allocation for a carryforward project required to be filed by an issuer with all attachments and amendments. (7) `Commissioner' means the commissioner of the Department of Community Affairs. (8) `Competitive pool' means that portion of the department share set aside in accordance with Code Section 36-82-198. (9) `Confirmation of issuance' means the issuer's confirmation, in writing, that the bonds authorized by a notice

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of allocation have been issued, in such form as the commissioner may promulgate from time to time. (10) `Department' means the Georgia Department of Community Affairs. (11) `Department share' means that portion of the state ceiling established in accordance with Code Section 36-82-197. (12) `Economic development share' means that portion of the state ceiling established in accordance with Code Section 36-82-186. (13) `Employment test' means either of the employment tests set forth in Code Section 36-82-189. (14) `Exempt facility bond' means any bond described as an exempt facility bond in Section 142 of the Federal Code, other than any obligation described in Section 142(a)(1) or Section 142(a)(2) of the Federal Code and any obligation described in Section 142(a)(6) of the Federal Code which is issued as part of an issue if all of the property to be financed by the net proceeds of such issue is to be owned by a governmental unit, within the meaning of Section 146 of the Federal Code. (15) `Expiration date' means the final date on which bonds covered by a notice of allocation may be issued and by which date confirmation of issuance must be filed with the department. (16) `Farm loan bonds' means any bonds issued by the Georgia Development Authority to assist agricultural interests in their effort to commence, expand, or diversify their operations. (17) `Farm loan pool' means that portion of the department share set aside, in accordance with Code Section 36-82-198, for allocation to the Georgia Development Authority for farm loan bonds. (18) `Federal Code' means the Internal Revenue Code of 1986, as amended.

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(19) `Filing date' means the final date for filing an application as specified in this article. (20) `Flexible pool' means that portion of the department share set aside, in accordance with Code Section 36-82-198, for discretionary use by the department. (21) `General pool' means that portion of the housing share set aside in accordance with Code Section 36-82-191. (22) `Georgia Development Authority' means the authority established under Chapter 10 of Title 50. (23) `Georgia Residential Finance Authority' means the authority established under Article 3 of Chapter 3 of Title 8. (24) `HoDAG' means a housing development action grant as administered by the United States Department of Housing and Urban Development. (25) `Housing bonds' means multifamily housing bonds or single-family housing bonds, as the case may be. (26) `Housing share' means the portion of the state ceiling established in accordance with Code Section 36-82-190. (27) `Issued' means, with respect to any issue of bonds, that such bonds have been delivered and paid for in full. Payment in full may be made, in whole or in part, by a binding, enforceable agreement to make payment in the future. (28) `Issuer' means the political subdivision, governmental unit, authority, or other entity which issues any bonds. (29) `Legal counsel' means an attorney or firm of attorneys duly authorized to practice law in the State of Georgia and admitted to practice before the highest court in the State of Georgia.

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(30) `Limited purpose share' means that portion of the state ceiling established in accordance with Code Section 36-82-196. (31) `Local housing authorities' means any issuer of multifamily housing bonds or single-family housing bonds created and existing under the laws of the state. (32) `Mortgage credit certificates' means a certificate issued under a qualified mortgage credit certificate program within the meaning of Section 25 of the Federal Code. (33) `Multifamily housing bond' means any obligation which constitutes an exempt facility bond for the financing of a qualified residential rental project within the meaning of Section 142 of the Federal Code. (34) `Multifamily pool' means that portion of the housing share set aside, in accordance with Code Section 36-82-191, for allocation to multifamily housing bonds. (35) `Notice of allocation' means the notice given by the department allocating to an issuer a specified amount from the state ceiling for a specific issue of bonds. (36) `Period' means any of the time periods into which the calendar year is divided for purposes of authorizing a percentage of the state ceiling to be used during such period as provided in this article as follows: period 1 begins January 1 and ends at Midnight on March 31; period 2 begins April 1 and ends at Midnight on June 30; period 3 begins July 1 and ends at Midnight on September 30; and period 4 begins on October 1 and ends at Midnight on December 31. (37) `Person' means any individual, corporation, limited or general partnership, association, trust, or other entity of any nature whatsoever. (38) `Policy guidelines' means the policy guidelines set forth in Code Section 36-82-202. (39) `Private activity portion of governmental use bonds' means the amount of any obligation, treated as

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a nonqualified amount under Section 141 of the Federal Code, which is in excess of $15 million and which would cause the obligation to be treated as a private activity bond under Section 141(b)(5) of the Federal Code, unless the amount equal to the excess of the nonqualifying amount over $15 million receives an allocation of the state's volume cap under Section 146 of the Federal Code. (40) `Project' means the facility, as described in an application, proposed to be financed, in whole or in part, by an issue of bonds. (41) `Qualified application' means a completed application for a notice of allocation. (42) `Reservations' means the amounts reserved for the Georgia Residential Financial Authority, the urban residential finance authorities, and the local housing authorities in Code Section 36-82-191. (43) `Rural area' means those counties which at the time of the filing of an application are not located in a Metropolitan Statistical Area of the state or are located in a Metropolitan Statistical Area of the state having a population of less than 50,000. For this purpose, the term `Metropolitan Statistical Area' means and includes those counties of the state which have been designated as a Metropolitan Statistical Area or MSA by the United States Office of Management and Budget. If the United States Office of Management and Budget or its successor ceases to designate MSA's, the department shall designate another means of determining which counties shall be included in MSA's for purposes of this article and which counties shall not be included, and the determinations of the department in such event shall be final and conclusive. Population shall be determined by the most recent estimate of county population as released by the United States Bureau of the Census. (44) `Rural area pool' means that portion of the economic development share set aside, in accordance with Code Section 36-82-188, for allocation to rural areas. (45) `Single-family housing bond' means any obligation described as a qualified mortgage bond in Section 143 of the Federal Code.

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(46) `Single-family pool' means that portion of the housing share set aside, in accordance with Code Section 36-82-191, for allocation to single-family housing bonds. (47) `Small issue bond' means any obligation described as a qualified small issue bond in Section 144(a) of the Federal Code. (48) `Special pools' means, collectively, the single-family pool, the multifamily pool, and the general pool. (49) `State' means the State of Georgia. (50) `State ceiling' means for any calendar year the state ceiling applicable to the state, as such term is used in the Federal Code. The amount of the state ceiling shall be determined in accordance with the provisions of the Federal Code. (51) `Student loan bond' means any obligation described as a qualified student loan bond in Section 144(b) of the Federal Code. (52) `System' means the Georgia Allocation System as established by this article. (53) `UDAG bonds' means any issue of bonds 95 percent or more of the net proceeds of which are to be used to provide facilities with respect to which an urban development action grant, under Section 119 of the Housing and Community Development Act of 1974, has been applied for and which, if such grant is made, would be an issue described in Section 144(a)(4)(F) of the Federal Code. (54) `Unused amount' means, as of any date when the unused amount of any share or pool is computed, the amount of any share or pool from which notices of allocation were authorized to be given during a prior period, if any, but with respect to which either no notices of allocation were given during such period or notices of allocation were given but confirmation of issuance was not filed with the department on or before the applicable

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expiration date plus the amount of any share or pool from which notices of allocation have been given during the period which includes the date of computation but with respect to which confirmation of issuance was not filed with the department on or before the applicable expiration date. (55) `Urban residential finance authority' means any authority established under Chapter 41 of Title 36. 36-82-183. The department shall administer, operate, and manage the system. Action taken by the department, however, shall not constitute an opinion of the department on any legal matters with respect to any bonds or with respect to the federal or state tax treatment of any bonds. Without limiting the generality of the department's power and authority to administer, operate, and manage the system, the department shall make such determinations and decisions, promulgate such rules, require the use of such forms, establish such procedures, and otherwise administer, operate and manage the system in such respects as may be, in the department's determination, necessary, desirable, or incident to its responsibilities as the administrator, operator, and manager of the system. The General Assembly recognizes and acknowledges that the department will encounter situations which have not been foreseen or provided for in this article and expressly delegates to the department the power and authority to administer, operate, and manage the system in all situations and circumstances, both foreseen and unforeseen, including, without limiting the generality of the foregoing, the power and authority to control and establish procedures for controlling any misuse or abuses of the system and the power and authority to resolve conflicts or inconsistencies, if any, in this article or which may arise in administering, operating, or managing the system pursuant to this article. Any decision which the commissioner or the department makes, and any action or inaction by the commissioner or the department, in administering, managing, and operating the system shall be final and conclusive and shall not be subject to any review, whether judicial, administrative, or otherwise, and shall not be covered by, subject to, or required to comply with or satisfy any provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.'

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The system depends upon the truthfulness of representations made and information submitted in or accompanying applications. The department may use all of the power and authority granted in this article, and such other power or authority as the commissioner may deem necessary or appropriate, in order to take action against those who fail to comply with any of the provisions of this article or who fail to display the truthfulness, which shall include the completeness necessary to avoid untruthfulness by omission, which the commissioner deems necessary for the system. Without limiting the generality of this article, the General Assembly expressly delegates to the department the power and authority to control, permit to be used, or refuse to permit to be used any allocation which would reduce the state ceiling under Section 146(m) of the Federal Code, dealing with the private activity portion of governmental use bonds; and the department, to accomplish this end, may impose requirements upon any issuer, including any other agency or department of the state or any county or municipality or agency, department, or authority of a county or municipality within the state. 36-82-184. (a) The amount of the state ceiling shall be determined by the department in accordance with the Federal Code. The amount of the state ceiling available at any time shall be the amount, determined by the department, which results from subtracting from the state ceiling: (1) The amount of bonds issued pursuant to notices of allocation and with respect to which confirmation of issuance has been received by the department on or before the applicable expiration date; and (2) The amount of bonds covered by notices of allocation outstanding but with respect to which the expiration date has not occurred and with respect to which no confirmation of issuance has been filed with the department. (b) The department shall keep separate records for the economic development share, housing share, limited purpose share, and department share and shall make available to the public, by telephone recording or periodic news release or such other means as the department may determine to be appropriate, information with respect to the available

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amount of the economic development share, housing share, limited purpose share, and department share. 36-82-185. (a) Applications for notices of allocation shall be filed, received, and acted on by the department as set forth in this Code section. (b) Applications shall be filed on such forms as the commissioner shall require. Each application shall be accompanied by the following: (1) A copy of the inducement resolution or other similar official action taken by the issuer with respect to the bonds and the project which are the subject of the application, signed by an officer, or a designee of said officer, of the issuer; (2) An affidavit, or copy thereof, of the publisher of the newspaper or newspapers in which the notice of the public hearing required by Section 147(f) of the Federal Code was published, demonstrating that notice of such public hearing was published, and a copy of the approval of the governmental unit or governmental units required by Section 147(f) of the Federal Code, certified by a public official with the authority to certify such approval. This requirement shall not apply to any bonds: (A) For which Section 147(f) of the Federal Code does not require such a public hearing and approval of a governmental unit or governmental units; or (B) Projects requiring the approval of the Georgia State Financing and Investment Commission; (3) A written opinion of legal counsel, addressed to the department, to the effect that the issuer is authorized under the laws of the state to issue bonds for projects of the same type and nature as the project which is the subject of the application. This opinion shall cite by constitutional or statutory reference, including a reference to the session laws of the General Assembly in the case of a constitutional reference, the provision of the Constitution or law of the state which authorizes the bonds for the project;

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(4) A written commitment from a lender, financial institution, underwriter, investment banker, or other purchaser, addressed to the department, to purchase the bonds upon delivery by the issuer. In the discretion of the commissioner, this requirement may be waived in the event an officer of the issuer certifies, in writing, that the bonds subject to the application will be issued on a competitive bid basis; and (5) Any additional items specified elsewhere in this article. (c) All applications shall apply for amounts of the state ceiling specified in even amounts of $1,000.00. (d) If more than one person is a borrower with respect to any issue of bonds, any one of such persons may, and all such persons shall not be required to, execute any application, letter, or writing which this article requires to be executed by the borrower. (e) The department shall stamp or otherwise designate the date on which it receives each completed application. The date stamped or otherwise designated for any application received after the close of business on a business day will be the next business day. For this purpose, the close of business shall be the time officially designated for the close of the department's business day. The application shall not be considered completed and shall not be stamped and accepted for filing unless and until each of the items required under subsection (b) of this Code section has been received by the department. Receipt shall be deemed to occur only on a business day. (f) A notice of allocation shall constitute the only means by which any of the state ceiling shall be allocated to a specific issuer for a specific issue of bonds. Any bonds for which no notice of allocation is given shall not be deemed to have been allocated as a part of the state ceiling as required by the Federal Code and shall be deemed to be bonds issued in excess of the issuer's private activity bond limit under the Federal Code. (g) The notice of allocation shall be in writing, shall be given to the issuer at the address specified in the application,

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shall specify the amount of bonds which may be issued, and shall specify the expiration date. The notice of allocation shall be in such form as the commissioner shall determine. A notice of allocation may not be revoked although it shall expire in accordance with the provisions of this article. All notices of allocation shall be given for amounts of the state ceiling specified in even amounts of $1,000.00. (h) When bonds covered by a notice of allocation have been issued, confirmation of issuance shall be filed with the department immediately and must be filed on or before the expiration date. Unless otherwise determined by the commissioner, the expiration date for any notice of allocation shall never be later than the second to last business day of a calendar year. To the extent necessary to accomplish this, the department shall shorten the time period otherwise allowed to lapse before an expiration date. If bonds are not issued and confirmation of issuance is not filed with the department on or before the expiration date, the notice of allocation shall cease to be effective. The confirmation of issuance shall be deemed to have been filed with the department on the earliest of: (1) The date it is actually delivered to the department; (2) If mailed by the United States mail, certified return receipt requested, the date of the postmark; or (3) If sent to the department by a nongovernmental courier or delivery service, the date delivered to that service. (i) Notwithstanding any provisions of this article to the contrary, the department shall not be required to accept any application for notice of allocation filed with the department after December 15 of each year. (j) A notice of allocation shall not be effective if the bonds actually issued pursuant to such notice of allocation are in an aggregate principal amount which is less than 95 percent of the amount of bonds authorized by such notice of allocation. The department shall, at the written request

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of the issuer submitted to the department prior to the actual issuance of the bonds, amend the notice of allocation so as not to be in conflict with this subsection. (k) The opinions of legal counsel and the commitment from a lender, financial institution, underwriter, investment banker, or other purchaser which are required to accompany applications shall be dated no more than 30 days prior to the date on which the application is filed. Such opinions, such commitment, and any other items required to accompany an application shall be in substantially the form or forms promulgated by the commissioner. (l) Notices of allocation and other notices and written communications from the department shall be deemed to have been given when duly deposited in the United States mail, first class with all postage prepaid. Notices of allocation may, at the request of the borrower, be picked up by hand or delivered by courier or other delivery service, at the expense of the borrower. Notices and other written communications to and filings with the department shall be given or made either by actual delivery to the office of the commissioner in Atlanta, Georgia, directed to the attention of the bond allocation manager, or by depositing the same in the United States mail, first class with all postage prepaid, addressed to the office of the commissioner in Atlanta, Georgia, directed to the attention of the bond allocation manager. Such notices and other written communications shall be deemed received only upon actual receipt by the department. (m) The department shall furnish to the issuer receiving a notice of allocation a certificate of the commissioner certifying under penalty of perjury that the allocation evidenced by the notice of allocation was not made in consideration of any bribe, gift, gratuity, or direct or indirect contribution to any political campaign, in such form as the department may specify or as may be required pursuant to the Federal Code. (n) The commissioner of the department is designated, for any purpose required under the Federal Code, as the state official who shall certify that bonds meet the requirements of the state ceiling, in such form as the department

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may specify or as may be required pursuant to Section 149(e) of the Federal Code and any other applicable Federal Code section or United States Department of the Treasury regulations promulgated pursuant to the Federal Code. 36-82-186. (a) The economic development share for 1988 is established in an amount equal to $15.00 per capita of the state ceiling. The economic development share for 1989 is established in an amount equal to $25.00 per capita of the state ceiling. The economic development share shall be eliminated on January 1, 1990. The economic development share shall be divided among the periods of the year as follows: (1) During period 1, notices of allocation may be given for amounts up to 40 percent of the economic development share; (2) During period 2, notices of allocation may be given for amounts up to 40 percent of the economic development share; and (3) During period 3, notices of allocation may be given for amounts up to 20 percent of the economic development share. (b) At any time, notices of allocation may be given for any unused amount. 36-82-187. (a) Applications for notices of allocation from the economic development share must be received by the department no later than September 30 of 1988 or 1989. Applications for notices of allocation from the economic development share may only be filed for small issue bonds on the terms set forth in this Code section. (b) In addition to the items specified in Code Section 36-82-185, each application shall be accompanied by the following, where applicable: (1) If the application is for UDAG bonds: (A) A copy of the application submitted to the United States Department of Housing and Urban Development

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for an urban development action grant; and (B) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, qualify as UDAG bonds when issued; and (2) If the employment test applies with respect to jobs retained, a written certification which satisfies the employment test, as required by Code Section 36-82-189. (c) The department shall give its notice of allocation approving the allocation requested by a qualified application within 15 days after the department receives the completed application to the extent that amounts in the economic development share remain available for notices of allocation. Such notices of allocation shall be given with respect to qualified applications in the chronological order, by date, in which the completed qualified applications were received by the department. (d) If the qualified applications received on the same date request notices of allocation that would exceed the amount of the economic development share which, at the time, remains available for notice of allocation, the department shall decide which qualified application or qualified applications shall receive a notice of allocation by applying the policy guidelines. The decision of the department shall be final and conclusive. (e) If at any time none of the economic development share remains available for notices of allocation, but additional amounts of the economic development share became available later because confirmation of issuance was not filed with the department on or before the applicable expiration date for any notice or notices of allocation or for any other reason, the department shall give a notice of allocation with respect to qualified applications including any qualified applications which failed to receive a notice of allocation pursuant to subsection (d) of this Code section. Such notices of allocation shall be given, to the extent that the economic development

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share becomes available, with respect to qualified applications in the chronological order, by date, in which they were received by the department and, if necessary, by again applying the procedures set forth in subsection (d) of this Code section. (f) Qualified applications received during a period which do not receive a notice of allocation during that period shall automatically be deemed to have been received on the first day of the next period. In order to be deemed automatically to have been received on the first day of the next period, however, any such qualified application received by the department more than 45 days prior to the first day of the next period must be certified as current, not more than 30 days prior to the first day of the next period, by a letter from the issuer, addressed to the department and received by the department prior to the first day of the next period, certifying that the information contained in the qualified application and all items accompanying the qualified application are and remain accurate and in full force and effect, except as may be specifically set forth in any amendment to the qualified application which does not result in the application failing to constitute a qualified application received by the department at or before the receipt of such certification. If such certification is received by the department after the first day of the next period, the application shall be deemed to have been resubmitted and received on the date when such certification was received. (g) Notwithstanding any provisions of this Code section to the contrary, the department may, in its discretion, give a notice of allocation from the flexible pool with respect to any qualified application which is not given a notice of allocation from the economic development share. (h) Notwithstanding any provisions of this Code section to the contrary, the department shall not be required to give a notice of allocation from the economic development share for any bond in an amount of more than $10 million. (i) (1) The expiration date for a notice of allocation from the economic development share, other than one for UDAG bonds, shall be the first business day which

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occurs on or after the seventy-fifth day after the date on which the notice of allocation is given. (2) The expiration date for a notice of allocation for UDAG bonds shall be the first business day which occurs on or after the one hundred-eightieth day after the date on which the notice of allocation is given. (3) The department may, for good cause shown by the issuer in a written statement submitted to the department prior to such expiration date, extend the expiration date for one, but only one, additional period which shall expire, at the department's discretion, on any date not later than 30 days after the original expiration date. The department shall not, however, have any obligation to provide such an extension; and no issuer shall have any right to such an extension. (j) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the notice of allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be added to: (1) The economic development share if the notice of allocation ceases to be in effect prior to October 1 of 1988 or 1989; or (2) The competitive pool if the notice of allocation ceases to be in effect between October 1 of 1988 or 1989 and December 31 of 1988 or 1989. 36-82-188. The rural area pool is established and reserved for projects which qualify for notices of allocation from the economic development share. An application for a notice of allocation from the rural area pool shall demonstrate to the department that the project is located in a rural area as defined in this article. The rural area pool shall be administered in accordance with the following procedures: (1) The rural area pool shall be in an amount equal to 25 percent of the economic development share. Half of the rural area pool and any unused amount with respect to the rural area pool shall be available for notices of

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allocation given during period 2. The remaining half of the rural area pool and any unused amount with respect to the rural area pool shall be available for notices of allocation given during period 2. (2) All applications for notices of allocation from the rural area pool must be received by the department not later than June 30 of 1988 or 1989, as the case may be. (3) On June 30 of 1988 and 1989, the rural area pool shall terminate for the year, and any unused amount remaining in the rural area pool shall be added to the economic development share available on July 1 of 1988 or 1989, except that bonds may be issued in accordance with notices of allocation given prior to such time and for which the expiration date has not occurred. (4) The rural area pool is a part of the economic development share and is intended to give preference for a limited period of time to bond issues which otherwise qualify for a notice of allocation from the economic development share and which also satisfy the requirements of the rural area pool. Accordingly, the procedures and rules for filing applications and giving notices of allocation with respect to the rural area pool shall be the same as those with respect to the economic development share as set forth in Code Section 36-82-187, except as otherwise expressly specified in this Code section. (5) During period 1 and period 2, the amount of the state ceiling remaining in the rural area pool shall be subtracted from the amount of the state ceiling remaining in, and available for notices of allocation to be given from, the remainder of the economic development share. (6) If at any time the amount of the state ceiling reserved for the rural area pool has been exhausted, applications which would otherwise qualify for the rural area pool shall be received and considered on the same basis as all other applications for notices of allocation from the economic development share. (7) If confirmation of issuance is not filed with the department on or before the applicable expiration date,

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the notice of allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be added to: (A) The economic development share if the notice of allocation ceases to be in effect between July 1 of 1988 or 1989 and September 30 of 1988 or 1989; or (B) The competitive pool if the notice of allocation ceases to be in effect between October 1 of 1988 or 1989 and December 31 of 1988 or 1989. 36-82-189. (a) In order to qualify for a notice of allocation from the economic development share, a project must satisfy the employment tests as defined in this Code section. To satisfy the employment test, a project must either: (1) Be reasonably expected to increase employment within the territorial area of operation of the issuer by not less than one job for each $125,000.00 or part thereof in bond financing. This requirement shall be known as the increased employment test; or (2) Be reasonably expected to retain within the territorial area of operation of the issuer not less than one job for each $125,000.00 or part thereof in bond financing. This requirement shall be known as the retained employment test. (b) The increased employment test shall be satisfied if a borrower reasonably expects that the required additional jobs will be available not later than two years after completion of the project and certifies to this effect in writing. The retained employment test shall be satisfied if the borrower certifies in writing, addressed to the department, that, except for the issuance of the bonds which are the subject of the application, such borrower or other entity which operates the project reasonably expects that it would, within two years after the date of the application, either cease operation at the site of the project, thereby reducing employment by not less than the required number, or reduce employment by not less than the required number without ceasing operation. (c) A job shall mean, for purposes of either employment test, a position held by a full-time, paid employee with no

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agreement or arrangement which would limit the duration of such employment. Such an employee either must spend substantially all of his time on the job performing the duties of his job at the location of the project or must be based at the project and spend substantially all of his time on the job performing the duties of his job within the territorial area of operation of the issuer. 36-82-190. The housing share for 1988 is established in an amount equal to $22.00 per capita of the state ceiling. The housing share for 1989 is established in an amount equal to $14.00 per capita of the state ceiling. The housing share shall be eliminated on January 1, 1990. 36-82-191. (a) The single-family pool, the multifamily pool, and the general pool are established and reserved from the housing share for projects which qualify for such special pools. The single-family pool, the multifamily pool, and the general pool shall be administered in accordance with the following procedures: (1) In 1988, the single-family pool shall be in an amount equal to $15.00 per capita of the state ceiling and shall be available for notices of allocation given during period 1 and period 2. The single-family pool shall be eliminated on January 1, 1989. Reservations from the single-family pool shall be as follows: (A) Seventy percent shall be reserved for the Georgia Residential Finance Authority; (B) Fifteen percent shall be reserved for urban residential finance authorities; and (C) Fifteen percent shall be reserved for the local housing authorities; (2) In 1988, the multifamily pool shall be in an amount equal to $7.00 per capita of the state ceiling. In 1989, the multifamily pool shall be in an amount equal to $14.00 per capita of the state ceiling. The multifamily pool shall be eliminated on January 1, 1990. Reservations from the multifamily pool shall be as follows:

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(A) In 1988, half of the multifamily pool shall be available for notices of allocation during period 1. The remaining half of the multifamily pool shall be available for notices of allocation during period 2; (B) In 1989, during period 1, notice of allocation may be given for amounts up to 40 percent of the multifamily pool. During period 2, notices of allocation may be given for amounts up to 40 percent of the multifamily pool. During period 3, notices of allocation may be given for amounts up to 20 percent of the multifamily pool; (C) At any time, notices of allocation may be given for any unused amount; and (D) In 1988 and 1989, respectively, a total of 15 percent per year for the first six months of the multifamily pool will be targeted to rural areas; and (3) In 1988, the general pool shall be available for notices of allocation during period 3 and shall consist of any unused amount remaining in the single-family pool and multifamily pool after the expiration of period 2. The general pool shall be eliminated on January 1, 1989. (b) On June 30 of 1988, the single-family pool and the multifamily pool shall terminate for the year; and any unused amount remaining in the single-family pool and multifamily pool shall be added to the general pool available on July 1, 1988, except that bonds issued from the multifamily pool may be issued in accordance with notices of allocation given prior to such time and for which the expiration date has not occurred. On September 30, 1988, the general pool shall terminate for the year; and any unused amount remaining in the general pool shall be added to the competitive pool available on October 1, 1988, except that bonds may be issued in accordance with notices of allocation given prior to such time and for which the expiration date has not occurred. 36-82-192. (a) Applications for notices of allocation from the single-family pool must be filed with and received by the department not later than June 30, 1988.

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(b) Each application shall be accompanied by the following: (1) The items specified in Code Section 36-82-185; and (2) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application, will, based upon the information available at that time to such legal counsel, qualify as single-family housing bonds when issued. (c) The department shall give its notice of allocation approving the allocation requested by a qualified application within 15 days after the department receives the completed application, provided that the amount of the applications do not exceed the reservations established in Code Section 36-82-191. Such notices of allocation shall be given with respect to qualified applications in the chronological order, by date, in which the completed qualified applications were received by the department. (d) The provisions of subsections (d), (e), and (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the single-family pool. (e) The expiration date for a notice of allocation shall be June 30, 1988. The department shall not extend the expiration date, and no issuer shall have any right to such an extension. (f) If the confirmation of issuance is not filed with the department on or before the expiration date, the notice of allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be transferred to and added to the general pool. 36-82-193. (a) In 1988, applications for notices of allocation from the multifamily pool must be filed with and received by the department on the last business day of February with respect to notices of allocation given during period 1 or the last day of May with respect to notices of allocation

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given during period 2. In 1989, applications for notices of allocation from the multifamily pool must be filed with and received by the department on the last business day of February with respect to notices of allocation given during period 1, the last day of May with respect to notices of allocation given during period 2, or the last day of August with respect to notices of allocation given during period 3. The deadline for filing applications in periods 1 through 3 is called the filing date. (b) Each application shall be accompanied by the following: (1) The items specified in Code Section 36-82-185; (2) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, qualify as an exempt facility bond for the financing of a qualified residential rental project, when issued; (3) A written statement of the issuer, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such issuer, comply with local zoning laws, statutes, ordinances, and resolutions; and (4) If the project is expected to be issued in combination with a HoDAG, a copy of the application submitted to the United States Department of Housing and Urban Development for a housing development action grant. (c) If the amount of bonds covered by applications received on or before the filing date does not exceed the amount of the multifamily pool, the department shall give its notice of allocation, approving the allocation requested by each application, within 15 days after the filing date. (d) If the amount of bonds covered by applications received on or before the filing date exceeds the amount of the multifamily pool, the department shall determine allocations

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by applying the policy guidelines. The department shall give its notices of allocation with respect to those applications which it selects not later than 15 days after the filing date. The decision of the department shall be final and conclusive. (e) The department shall not be required to give notices of allocation from the multifamily pool for any multifamily housing project in an aggregate principal amount of more than 25 percent of the amount available during any given period. (f) The provisions of subsections (d), (e), and (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the multifamily pool. (g) (1) The expiration date for a notice of allocation from the multifamily pool, other than one expected to be issued in combination with HoDAG, shall be the first business day which occurs on or after the seventy-fifth day after the date on which the notice of allocation is given. (2) The expiration date for a notice of allocation expected to be issued in combination with a HoDAG shall be the first business day which occurs on or after the one hundred-eightieth day after the date on which the notice of allocation is given. (3) The department may, for good cause shown by the issuer in a written statement submitted to the department prior to such expiration date, extend the expiration date for one, but only one, additional period which shall expire, at the department's discretion, on any date not later than 30 days after the original expiration date. The department shall not, however, have any obligation to provide such an extension; and no issuer shall have any right to such an extension. (h) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the notice of allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be added to:

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(1) In 1988, the multifamily pool if the notice of allocation ceases to be in effect prior to July 1; (2) In 1988, the general pool if the notice of allocation ceases to be in effect between July 1 and September 30; or (3) In 1989, the competitive pool if the notice of allocation ceases to be in effect between October 1 and December 31. 36-82-194. (a) In 1988, applications for notices of allocation from the general pool may be filed with the department at any time during period 3. (b) Each application shall be accompanied by those items required to accompany applications for notices of allocation from the single-family pool or the multifamily pool, as the case may be. (c) The provisions of subsections (c) through (e) and subsection (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share and the provisions of subsection (g) of Code Section 36-82-193 with respect to notices of allocation from the multifamily pool shall also apply to notices of allocation from the general pool. (d) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the notice of allocation shall cease to be effective, and the amount covered by the notice of allocation shall automatically be added to: (1) The general pool if the notice of allocation ceases to be in effect prior to October 1, 1988; or (2) The competitive pool if the notice of allocation ceases to be in effect between October 1, 1988, and December 31, 1988. 36-82-195. In 1988, the limited purpose share is established in an amount equal to $6.00 per capita of the state

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ceiling. The limited purpose share for 1989 is established in an amount equal to $5.00 per capita of the state ceiling. The limited purpose share shall be eliminated on January 1, 1990. 36-82-196. (a) Applications for the limited purpose share must be received by the department on or before the last business day prior to April 1 of 1988 or 1989. The deadline for filing applications is called the filing date. Applications for notices of allocation from the limited purpose share may be filed only for: (1) Exempt facility bonds, except those obligations which would constitute an exempt facility bond for the financing of a qualified residential rental project when issued; (2) Student loan bonds; or (3) Private activity portion of governmental use bonds on the terms as set forth in this Code section. (b) Each application shall be accompanied by the following: (1) The items specified in Code Section 36-82-185; (2) If the application is for exempt facility bonds, a written opinion of legal counsel, addressed to the department, to the effect that the bonds covered by the application will, based upon the information available at that time to such legal counsel, qualify as exempt facility bonds when issued; (3) If the application is for student loan bonds, a written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, qualify as student loan bonds when issued; and (4) If the application is for the private activity portion of governmental use bonds, a written opinion of legal

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counsel, addressed to the department, to the effect that the bonds covered by the application will, based on the information available at that time to such legal counsel, qualify as the private activity portion of governmental use bonds when issued. (c) If the amount of bonds covered by applications received on or before the filing date does not exceed the amount of the limited purpose share, the department shall give its notices of allocation, approving the allocation requested by each application, within 15 days after the filing date. (d) If the amount of bonds covered by applications received on or before the filing date exceeds the amount of the limited purpose share, the department shall decide which application or applications shall receive a notice of allocation by applying the policy guidelines. The department shall give its notice of allocation with respect to those applications which it selects not later than 30 days after the filing date. The decision of the department shall be final and conclusive. (e) The department shall not be required to give notices of allocation from the limited purpose share for any bonds in an aggregate principal amount of more than $15 million. (f) The provisions of subsection (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the limited purpose share. (g) The expiration date for a notice of allocation from the limited purpose share shall be the last business day during the period of time when the bonds are expected to be issued, as specified in the application, and shall be specified in the notice of allocation as the expiration date. However, in no event shall the expiration date be later than September 30 of the calendar year for which the notice of allocation is given. The department may, for good cause shown by the issuer, in a written statement to the department prior to such expiration date, extend the expiration date for one, but only one, additional period which shall expire on any date not later than 30 days after the original expiration date. The department shall not, however, have any obligation

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to provide such an extension; and no issuer shall have any right to such an extension. Notwithstanding any provisions of this article to the contrary, the expiration date for a notice of allocation for the private activity portion of governmental use bonds shall be such date as the commissioner may determine, separately in the case of each notice of allocation, and may be extended for any period of time, at the department's discretion. (h) When bonds covered by a notice of allocation have been issued, confirmation of issuance shall be filed with the department on or before the expiration date. (i) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the amount covered by the notice of allocation shall automatically be transferred to and added to the flexible pool and shall not apply to the bonds covered by the original notice of allocation. (j) All amounts in the limited purpose share which are not the subject of notices of allocation given by the department shall, as of May 1 of 1988 and 1989, automatically be transferred to and added to the flexible pool and shall be available for use in other notices of allocation from the flexible pool. 36-82-197. The department share for 1988 is established in an amount equal to $7.00 per capita of the state ceiling. The department share for 1989 is established in an amount equal to $6.00 per capita of the state ceiling. On January 1, 1990, the economic development share, the housing share, and the limited purpose share shall be eliminated and the department share shall be the only share from which a qualified application may receive a notice of allocation. The department share for 1990 and years thereafter shall be in an amount equal to the state ceiling. 36-82-198. (a) The flexible pool, the farm loan pool, and the competitive pool are established and reserved from the department share for projects which qualify for such pools. The flexible pool, the farm loan pool, and the competitive pool shall be administered in accordance with this Code section.

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(b) The flexible pool shall be available in the following amounts: (1) In 1988, the flexible pool shall be in an amount equal to $6.00 per capita of the state ceiling and shall be available for notices of allocation given during period 1 through period 4; (2) In 1989, the flexible pool shall be in an amount equal to $5.00 per capita of the state ceiling and shall be available for notices of allocation given during period 1 through period 4; and (3) The flexible pool for 1990 and years thereafter shall be available in an amount equal to 15 percent of the state ceiling and shall be available for notices of allocation given during period 1 through period 4. (c) The farm loan pool shall be available in the following amounts: (1) In 1988 and 1989, the farm loan pool shall be in an amount equal to $1.00 per capita of the state ceiling and shall be available for notices of allocation to the Georgia Development Authority given during period 1 through period 3; and (2) The farm loan pool shall be eliminated on January 1, 1990. (d) The competitive pool shall be available in the following amounts: (1) In 1988 and 1989, the competitive pool shall be in an amount equal to such amounts as may be transferred to and added to the competitive pool from the economic development share, the housing share, or the farm loan pool on or after October 1 of 1988 and 1989 and shall be available for notices of allocation given during period 4; and (2) The competitive pool for 1990 and years thereafter shall be in an amount equal to 85 percent of the

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state ceiling. In 1990 and years thereafter, the competitive pool shall be divided among periods of the year as follows: (A) During period 1 notices of allocation may be given for amounts up to 40 percent of the competitive pool; (B) During period 2 notices of allocation may be given for amounts up to 40 percent of the competitive pool; (C) During period 3 notices of allocation may be given for amounts up to 20 percent of the competitive pool; and (D) During period 4 notices of allocation may be given for any unused amount. 36-82-199. (a) Applications for notices of allocation from the flexible pool shall be received and acted on by the department as set forth in this Code section. (b) Applications for housing bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation with respect to such bonds from the general pool. Applications for exempt facility bonds, student loan bonds, and private activity portion of governmental use bonds, shall be filed on the same forms and accompanied by the same items as applications for notices of allocation with respect to such bonds from the limited purpose share. Applications for all other bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation from the economic development share. Such applications need not designate that they are filed for a notice of allocation from the flexible pool but may be treated as such by the department in its discretion. (c) The department shall, in its discretion, decide which application or applications shall receive a notice of allocation. The decision of the department shall be final and conclusive. (d) The provisions of subsection (i) of Code Section 36-82-187 with respect to notices of allocation from the economic

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development share shall also apply to notices of allocation from the flexible pool. Notwithstanding the requirements of subsection (i) of Code Section 36-82-187, however, the expiration date for a notice of allocation for the private activity portion of governmental use bonds shall be such date as the commissioner may determine, separately in the case of each notice of allocation, and may be extended for any period of time at the department's discretion. 36-82-200. (a) Applications for notices of allocation from the farm loan pool must be received by the department no later than September 30 of 1988 or 1989. Applications for notices of allocation from the farm loan pool will be received and acted on by the department as set forth in this Code section. (b) Applications for notices of allocation shall be filed on the same forms and accompanied by the same items as set forth in Code Section 36-82-187. (c) The provisions of subsections (c) through (e) and subsection (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the farm loan pool. (d) The expiration date for a notice of allocation shall be specified in the notice of allocation. The expiration date for a notice of allocation from the farm loan pool shall be September 30 of 1988 or 1989. The department may, for good cause shown by the issuer in a written statement submitted to the department prior to such expiration date, extend the expiration date to one, but only one, additional period which shall expire, at the department's discretion, on any date not later than 30 days after the original expiration date. The department shall not, however, have any obligation to provide such an extension; and no issuer shall have any right to such an extension. (e) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the notice of allocation shall cease to be effective, the amount covered by the notice of allocation shall be transferred to and added to the competitive pool, and shall not apply to bonds covered by the original notice of allocation.

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36-82-201. (a) Applications for notices of allocation from the competitive pool will be received and acted on by the department as set forth in this Code section. (b) Applications for bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation from the flexible pool. (c) Notwithstanding any provisions of this Code section to the contrary, before applying the policy guidelines to decide which qualified application or qualified applications receive a notice of allocation in accordance with this Code section, the department shall give notices of allocation first to any project that would be eliminated by the Federal Code in the year following the year in which the qualified application was received by the department. (d) The provisions of subsections (c) through (e) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the competitive pool. (e) Notwithstanding any provisions of this Code section to the contrary, the department shall not be required to give a notice of allocation from the competitive pool for any bond in an amount of more than $15 million. (f) (1) The expiration date for a notice of allocation from the competitive pool, other than one for a UDAG or one expected to be issued in combination with a HoDAG, shall be the first business day which occurs on or after the seventy-fifth day after the date on which the notice of allocation is given. (2) The expiration date for a notice of allocation for UDAG bonds or one expected to be issued in combination with a HoDAG shall be the first business day which occurs on or after the one hundred-eightieth day after the date on which the notice of allocation is given. (3) The department may, for good cause shown by the issuer in a written statement submitted to the department prior to such expiration date, extend the expiration

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date for one, but only one, additional period which shall expire, at the department's discretion, on any date not later than 30 days after the original expiration date. The department shall not, however, have any obligation to provide such an extension; and no issuer shall have any right to such an extension. Notwithstanding any provisions of this article to the contrary, the expiration date for a notice of allocation for the private activity portion of governmental use bonds shall be such date as the commissioner may determine, separately in the case of each notice of allocation, and may be extended for any period of time, at the department's discretion. (g) When bonds covered by a notice of allocation have been issued, confirmation of issuance shall be filed with the department on or before the expiration date. (h) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the amount covered by the notice of allocation shall automatically be added to the competitive pool and shall not apply to the bonds covered by the original notice of allocation. 36-82-202. (a) When the department is required to decide which applications should receive a notice of allocation, it shall compare the applications from which the selection is to be made, applying the policy guidelines set forth in this Code section. These policy guidelines are designed to assist the department in making its decisions and are not intended to establish definitive tests or standards. The decision which the department makes shall be final and conclusive. Each of the policy guidelines will be applied following the principle that, if all other things were equal among applications which are being compared, the application which most satisfied the intention of the particular policy guideline would be given a notice of allocation. The policy guidelines are stated in subsection (b) of this Code section, and the order in which they are stated does not indicate any priority of one over another. (b) (1) Special consideration shall be given to projects with a view toward an even and more broadly based geographical distribution of bond issues or bond proceeds,

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as the case may be, over the state. Applications would be compared based upon the geographic distribution of notices of allocation given during the same calendar year. The department may compare geographic distribution among counties, municipalities, United States congressional districts, or any other geographical areas the department may select. In comparing geographic distribution, the department may consider the amount of bonds covered by notices of allocation and the location of the projects covered by such notices of allocation. For purposes of this policy guideline, the geographic location of student loan bonds shall be considered to be the same as the geographic locations of the educational institutions which are reasonably expected to make use of the proceeds of such student loan bonds; the geographic location of single-family housing bonds shall be considered to be the same as the geographic location of the issuer or, in the case of the Georgia Residential Finance Authority, the geographic location, specified by the Georgia Residential Finance Authority to the department in writing; and the geographic location of the private activity portion of governmental use bonds shall be considered to be the same as the geographic location of the issuer. (2) Special consideration shall be given to projects that would promote or expand economic opportunities, with particular attention given to areas of economic distress. (3) Special consideration shall be given to those projects that will meet a severe and critical need and which can demonstrate a significant impact on the territorial area of the issuer in which the project will be carried out. (4) Special consideration shall be given to projects which the department has determined will enhance the public good and general welfare of the state as a whole. 36-82-203. When the department is required to apply the policy guidelines it may consider such factors, known as evaluation factors, in deciding which applications should receive a notice of allocation. The evaluation factors to be

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considered shall include, but are not limited to, the number of permanent jobs created or retained; the commitment of the borrower to hire individuals eligible for training under the Job Training Partnership Act; the unemployment rate of the territorial area of the project compared to the state as a whole; the ratio of private investment to bond financing; evidence of HoDAG or UDAG approval; the amount of benefit to low to moderate-income individuals; the cost per qualified residential rental unit; the housing vacancy rate of the territory of the issuer compared to the state as a whole, as determined by the department; and the degree to which the combination of income and price limits serve to target the single-family housing bonds to low to moderate-income households. 36-82-204. After December 1 of any year, the department may transfer any available state ceiling, or any part thereof, from the competitive pool to the flexible pool, or from the flexible pool to the competitive pool, if the department anticipates that such amounts are more likely to be used in the category to which the transfer is made. 36-82-205. The department may set aside and reserve from the flexible pool amounts which may be treated as a carryforward for one or more carryforward purposes, within the meaning of Section 146 of the Federal Code. Section 146 of the Federal Code requires an election for the use of such carryforward to a future year or years, and regulations with respect to such carryforwards may be promulgated under the Federal Code. The department shall promulgate such rules and procedures as may be necessary in order to use the provisions of the Federal Code and any regulations promulgated pursuant to the Federal Code for such carryforward. The amount of any such carryforward which is set aside and reserved shall be subtracted from the outstanding amount of the flexible pool with the same effect as if a notice of allocation were in the amount of the carryforward and confirmation of issuance were received prior to the expiration date. 36-82-206. (a) Unless otherwise determined by the commissioner, carryforward election applications must be filed with the department no later than December 1 of each year. Carryforward election applications shall be filed, received,

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and acted upon by the department as set forth in this Code section. (b) Carryforward election applications shall be filed on a form promulgated from time to time by the commissioner. Each carryforward election application shall be accompanied by the following: (1) A copy of the inducement resolution or other similar official action to the effect the issuer has taken preliminary official action approving the undertaking of the carryforward project; (2) A written opinion of legal counsel, addressed to the department, to the effect that the issuer is authorized under the laws of the state to issue bonds for projects of the same type and nature as the project which is the subject of the carryforward election application. This opinion shall cite by constitutional or statutory reference, including a reference to the session laws of the General Assembly in the case of a constitutional reference, the provisions of the Constitution or law of the state which authorizes bonds for the project; (3) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the carryforward election application will, based upon the information available at the time to such legal counsel, qualify for carryforward under Section 146(f) of the Federal Code; and (4) Any other information as reasonably required by the department. (c) The department shall, in its discretion, decide which carryforward election applications shall receive a notice of allocation. The decision of the department shall be final and conclusive. 36-82-207. No issuer of single-family housing bonds may elect to exchange any part of a notice of allocation for mortgage credit certificates without the written authorization of the department. Such authorization shall be in the discretion

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of the commissioner, and no issuer shall have any right to such authorization. Any unused amount of the state ceiling remaining on the last business day of each year and not subject to a notice of allocation shall automatically be exchanged for mortgage credit certificates carryforward elections in such amounts and to such issuers as the department may determine. Applications for mortgage credit certificates for carryforward purposes shall be on the same forms and accompanied by the same items as required by Code Section 36-82-206. 36-82-208. If necessary or appropriate for complying with federal rules and regulations implementing the Federal Code, the state ceiling shall be deemed to be allocated to the state and the state's allocation shall be deemed to be or have been assigned to the issuers to which notices of allocations are or were issued. 36-82-209. The provisions of this article shall apply to all bonds issued on or after January 1, 1988. Section 2. This Act shall become effective on January 1, 1988. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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PROBATE COURTS CHIEF CLERK OR CLERK; EXERCISING JURISDICTION OF JUDGE IN UNCONTESTED MATTERS IN COUNTIES OF 150,000 OR MORE. Code Section 15-9-36 Amended. No. 581 (House Bill No. 623). AN ACT To amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, so as to provide that a chief clerk or clerk designated by the judge of the probate court may exercise all the clerk designated by the judge of the probate court may exercise all the jurisdiction of the judge of the probate court in uncontested matters; to provide that such clerk must have been a member of the State Bar of Georgia for at least three years or have been a clerk in the probate court for at least five years; to provide for applicability only in counties having 150,000 or more persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, is amended by adding at the end thereof a new subsection, to be designated as subsection (c), to read as follows: (c) (1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present. (2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated

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clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years. (3) This subsection shall apply to each county of this state having a population of 150,000 or more persons according to the United States decennial census of 1980 or any future such census. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. ANIMALS POULTRY; CONTROL AND PREVENTION OF DISEASES; DEALERS, BROKERS, AND POULTRY MARKET OPERATORS; TRANSFER OR MOVEMENT OF POULTRY REGULATED. Code Sections 4-4-80 through 4-4-84 Enacted. No. 582 (House Bill No. 641). AN ACT To amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, so as to provide for the control and prevention of diseases in poultry; to provide for definitions; to regulate the activities of dealers, brokers, and poultry market operators; to prohibit or regulate the sale, auction, transfer, or movement of certain poultry and equipment related thereto; to provide for the quarantine of certain poultry and property; to provide for inspections; to provide for licenses and the requirements for such licenses; to provide for the revocation, cancellation, or suspension of licenses; to provide for records; to provide for the confiscation, destruction, and disposal of poultry; to provide

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for sanitary requirements; to provide for rules and regulations; to provide for practices and procedures; 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. Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, is amended by adding at the end thereof a new Part 5 to read as follows: Part 5 4-4-80. As used in this part, the term: (1) `Dealer' or `broker' means any person, firm, or corporation engaged in the business of buying live poultry of any kind for resale or in selling live poultry of any kind bought for the purpose of resale. Every agent acting for or on behalf of any dealer, broker, or poultry market operator is a dealer or broker, provided that any farmer acquiring poultry solely for the purpose of rearing and feeding such poultry as a part of his or her farm operations is not a `dealer' or `broker.' (2) `Person' means any person, firm, corporation, association, cooperative, or combination thereof. (3) `Poultry' means domestic fowl including, but not limited to, water fowl such as geese and ducks; birds which are bred for meat and egg production, exhibition, or competition; game birds such as pheasants, partridge, quail, and grouse, as well as guinea fowl, pidgeons, doves, peafowl; and all other avian species. (4) `Poultry market operator' means any person engaged in the business of operating public auctions or sales of live poultry or of operating barns and yards for the containment of live poultry held for the purpose of auction or sale. (5) `Sales establishment' means any yard, barn, or other premises where live poultry is offered for sale, auction, or exchange.

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4-4-81. No dealer, broker, poultry market operator, or other person shall sell, auction, transfer, or move any poultry which is infected or exposed to a highly infectious or contagious disease or which has been placed under quarantine by the authority of the Commissioner. Until all such poultry has been inspected by a veterinarian approved by the Commissioner, no dealer, broker, or poultry market operator shall sell, auction, transfer, or move any poultry which has been infected, which is suspected of being infected, or which is likely to have been exposed to infection. Any such poultry shall be reported to the department. Representative specimens of such poultry shall be submitted to a state diagnostic laboratory for diagnosis. 4-4-82. (a) No poultry market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No poultry dealer or broker shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be a fee of $25.00 per annum for such license. (b) The license of any licensed dealer, broker, or poultry market operator violating this part or any rule or regulation adopted by the Commissioner pursuant to this part shall be subject to revocation, cancellation, or suspension following a notice and hearing. (c) No dealer, broker, or poultry market operator shall buy, store, or otherwise receive any poultry without first recording the name and address of the person or persons from whom the poultry is received, the number and type of such poultry, and the motor vehicle license tag number of the vehicle used by the person or persons to transport the poultry. The dealer, broker, or poultry market operator shall also keep records of the name and address of the person or persons buying such poultry. These records shall be maintained for two years. All records shall be subject to review by the Commissioner or a representative or employee of the department. (d) Any dealer, broker, or poultry market operator who transports live poultry shall keep all cages, coops, trucks,

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and trailers clean and sanitary. All equipment used to transport live poultry shall be cleaned and disinfected after each use. (e) Each dealer, broker, and poultry market operator shall have a poultry disposal pit or incinerator which has been approved by the Commissioner and shall use such pit or incinerator to properly dispose of dead poultry. 4-4-83. (a) In the control, suppression, prevention, and eradication of poultry diseases, the Commissioner or any duly authorized inspector or employee of the department acting under the authority of this part or any other poultry law of this state is authorized to quarantine any premises or any area when he shall determine that any poultry in such place or places is infected with a contagious or infectious disease, that the unsanitary condition of such place or places might cause the spread of such disease, or that the owner or occupant of such place or places has not observed sanitary practices. (b) The Commissioner is authorized to promulgate and adopt rules and regulations prescribing sanitary standards and requirements for the prevention, control, suppression, and eradication of poultry diseases in this state. Such regulations shall be no less adequate for the protection of the poultry industry and the public health than those regulations of the Secretary of Agriculture of the United States. (c) The Commissioner is authorized, in his discretion, to confiscate, destroy, or otherwise dispose of any poultry, hatching eggs, chicks, or breeding stock which is infected with any contagious or infectious diseases. 4-4-84. Any dealer, broker, or poultry market operator who violates any provision of this part or any quarantine order issued by the Commissioner under the authority of this part or any other law of this state for the protection of the general public in the prevention of poultry diseases shall be guilty of a misdemeanor.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CRIMINAL PROCEDURE INDICTMENTS; QUASHING OF TWO INDICTMENTS OR PRESENTMENTS ON THE SAME OFFENSE, CHARGE, OR ALLEGATION AS A BAR TO FURTHER PROSECUTION. Code Section 17-7-53.1 Enacted. No. 583 (House Bill No. 653). AN ACT To amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that if two indictments on the same offense, charge, or allegation are quashed, whether by motion, demurrer, special plea or exception, or other pleading of the defendant or by the court's own motion, such actions shall be a bar to future prosecution for the offense, charge, or allegation; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, is amended by inserting immediately following Code Section 17-7-53 a new Code section, to be designated Code Section 17-7-53.1, to read as follows: 17-7-53.1. If, upon the return of two `true bills' of indictments or presentments by a grand jury on the same offense,

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charge, or allegation, the indictments or presentments are quashed for the second time, whether by ruling on a motion, demurrer, special plea or exception, or other pleading of the defendant or by the court's own motion, such actions shall be a bar to any future prosecution of such defendant for the offense, charge, or allegation. Section 2. This Act shall become effective on July 1, 1987, and shall apply to indictments and presentments returned on or after such date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GAME AND FISH HUNTING ANTLERLESS OR EITHERSEX DEER ON CERTAIN DAYS. Code Section 27-3-44 Amended. No. 584 (House Bill No. 655). AN ACT To amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide it shall not be unlawful to hunt antlerless or either-sex deer on certain days and in certain counties; to provide an effective date; to provide for a statement of intent not to abate pending prosecutions; to provide for repeal on a specific date; 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:

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Section 1. Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, is amended by striking Code Section 27-3-44 in its entirety and inserting in lieu thereof a new Code Section 27-3-44 to read as follows: 27-3-44. (a) It shall be unlawful to kill any deer in this state unless the deer has antlers (bone) visible above the hair, provided that the board may by regulation authorize an antlerless or either-sex season or hunt in accordance with sound wildlife management practices. (b) During the period beginning on April 1, 1987, and ending on July 1, 1988, the board shall establish by regulation no fewer days for antlerless or either-sex deer hunting with firearms in each county than the number of days set forth below: Appling 12 Atkinson 5 Bacon 0 Baker 15 Baldwin 10 Banks 7 Barrow 7 Bartow 0 Ben Hill 5 Berrien 5 Bibb 10 Bleckley 12 Brantley 5 Brooks 5 Bryan 5 Bulloch 12 Burke 12 Butts 10 Calhoun 15 Camden 5 Candler 12 Carroll 12 Catoosa 0 Charlton 5 Chatham 5 Chattahoochee 16 Chattooga 2 Cherokee 0 Clarke 10 Clay 10 Clayton 0 Clinch 4 Cobb 0 Coffee 2 Colquitt 0 Columbia 12 Cook 0 Coweta 12 Crawford 16 Crisp 0 Dade 0 Dawson 3 Decatur 10 Dekalb 0 Dodge 0 Dooly 10 Dougherty 15 Douglas 7 Early 10 Echols 0 Effingham 5 Elbert 12 Emanuel 12 Evans 10 Fannin 0 Fayette 10 Floyd 2 Forsyth 2 Franklin 7 Fulton 10 Gilmer 0 Glascock 12 Glynn 5 Gordon 2 Grady 10 Greene 10 Gwinnett 7 Habersham 0 Hall 3 Hancock 10 Haralson 2 Harris 16 Hart 3 Heard 12 Henry 10 Houston 12 Irwin 1 Jackson 10 Jasper 10 Jeff Davis 5 Jefferson 12 Jenkins 12 Johnson 0 Jones 10 Lamar 10 Lanier 2 Laurens 12 Lee 10 Liberty 5 Lincoln 12 Long 5 Lowndes 5 Lumpkin 3 McDuffie 12 McIntosh 5 Macon 16 Madison 10 Marion 16 Meriwether 12 Miller 0 Mitchell 2 Monroe 10 Montgomery 5 Morgan 10 Murray 0 Muscogee 16 Newton 10 Oconee 10 Oglethorpe 12 Paulding 2 Peach 16 Pickens 0 Pierce 5 Pike 10 Polk 2 Pulaski 12 Putnam 7 Quitman 12 Rabun 0 Randolph 16 Richmond 12 Rockdale 7 Schley 12 Screven 12 Seminole 0 Spalding 10 Stephens 3 Stewart 16 Sumter 12 Talbot 16 Taliaferro 12 Tattnall 5 Taylor 16 Telfair 0 Terrell 10 Thomas 10 Tift 1 Toombs 5 Towns 0 Treutlen 5 Troup 12 Turner 1 Twiggs 15 Union 0 Upson 16 Walker 2 Walton 7 Ware 2 Warren 12 Washington 12 Wayne 5 Webster 12 Wheeler 5 White 0 Whitfield 0 Wilcox 5 Wilkes 12 Wilkinson 15 Worth 10 Total 1149

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Section 2. This Act shall become effective on April 1, 1987. Section 3. It is the intention of the General Assembly that prosecutions of offenses under Code Section 27-3-44 which are pending on the date this Act becomes effective shall not be abated as a result of the amendment to that Code section accomplished by this Act. Section 4. Subsection (b) of Code Section 27-3-44 shall stand repealed in its entirety on July 1, 1988, and on that date the letter (a) appearing at the beginning of Code Section 27-3-44 shall be stricken. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SHERIFFS' RETIREMENT FUND OF GEORGIA INVESTMENTS. Code Section 47-16-26 Amended. No. 585 (House Bill No. 676). AN ACT To amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia to control and invest funds, so as to change the provisions relating to investment powers of the board; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia to control and invest funds, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domestic life insurance companies under the laws of this state, except that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities. Section 2. This Act shall become effective on July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SHERIFFS' RETIREMENT FUND OF GEORGIA BOARD OF COMMISSIONERS; TERM OF THE RETIRED MEMBER. Code Section 47-16-21 Amended. No. 586 (House Bill No. 677). AN ACT To amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to the membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the term of the retired member of the board; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to the membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The term of office of the retired member of the board holding office on January 1, 1984, which is scheduled to expire on March 31, 1984, is extended to expire on June 30, 1984. The Governor shall appoint a successor, pursuant to the position provided for by paragraph (2) of subsection (a) of this Code section, to take office on July 1, 1984, for a term of one year and until a successor is appointed and qualified. Thereafter, the Governor shall appoint a successor pursuant to the position provided for by paragraph (2) of subsection (a) of this Code section to take office upon the expiration of the term of office for a term of two years and until a successor is appointed and qualified. Section 2. This Act shall become effective on July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GAME AND FISH FREE FISHING DAYS. Code Section 27-2-29 Enacted. No. 587 (House Bill No. 6). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that the commissioner of natural resources may designate certain days as free fishing days during which residents may fish without obtaining a fishing license; 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. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, is amended by adding a new Code section at the end of said chapter to read as follows: 27-2-29. Notwithstanding any other provision of this chapter, the commissioner may designate not more than three days, which need not be consecutive, in each calendar year as free fishing days during which residents may, without obtaining a fishing license, exercise the privileges of a holder of a fishing license, subject to all limitations, restrictions, conditions, rules, and regulations applicable to the holder of a fishing license. This Code section shall in no way affect the commercial fishing licenses required under this chapter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CORPORATIONS SUPERIOR COURT FILING FEES. Code Title 14, Chapters 2 and 3 Amended. No. 588 (House Bill No. 28). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that superior court filing fees for articles of incorporation, amendments, restated articles, mergers or consolidations, dissolutions of business corporations, and dissolutions of nonprofit corporations shall be as provided in Code Section 15-6-77, relating to fees of clerks of superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking in its entirety paragraph (3) of subsection (c) of Code Section 14-2-172, relating to the filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount specified in Code Section 15-6-77 payable to the clerk of the superior court of the county where the initial registered office of the corporation is to be located, in payment of the cost of filing the articles of incorporation in said county;. Section 2. Said title is further amended by striking in its entirety paragraph (3) of subsection (c) of Code Section 14-2-194, relating to the filing of articles of amendment and certificate of corporate name, and inserting in its place a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount specified in Code Section 15-6-77, payable to the clerk of the superior court of the county where the registered office of the

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corporation is located on the day of delivery of the articles of amendment to the Secretary of State, in payment of the cost of filing the articles of amendment in said county;. Section 3. Said title is further amended by striking in its entirety paragraph (4) of subsection (g) of Code Section 14-2-196, relating to restated articles of incorporation, and inserting in its place a new paragraph (4) to read as follows: (4) A check, draft, or money order in the amount specified in Code Section 15-6-77 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the restated articles of incorporation to the Secretary of State, in payment of the cost of filing the restated articles of incorporation in said county. Section 4. Said title is further amended by striking in its entirety paragraph (3) of subsection (d) of Code Section 14-2-213, relating to articles of merger or consolidation, and inserting in its place a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount specified in Code Section 15-6-77 payable to the clerk of the superior court of the county where the registered office of the surviving or new corporation is to be located, in payment of the cost of filing the articles of merger or articles of consolidation in said county;. Section 5. Said article is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 14-2-282, relating to the filing of articles of dissolution, and inserting in its place a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount specified in Code Section 15-6-77 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county. Section 6. Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 14-3-216,

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relating to the filing of articles of dissolution for nonprofit corporations, and inserting in its place a new paragraph (1) to read as follows: (1) A check, draft, or money order in the amount specified in Code Section 15-6-77 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county; and. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES ADMINISTRATORS; ALIENS. Code Section 53-6-23 Amended. No. 589 (House Bill No. 55). AN ACT To amend Code Section 53-6-23 of the Official Code of Georgia Annotated, relating to residency requirements for administrators generally, so as to authorize aliens lawfully admitted to the United States for permanent residence to be made administrators under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 53-6-23 of the Official Code of Georgia Annotated, relating to residency requirements for administrators generally, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 53-6-23. Only citizens of the United States residing in this state and aliens lawfully admitted to the United States for permanent residence and residing in this state are qualified to be made administrators except that whenever any such United States citizen or lawfully admitted alien is a citizen of another state or territory of the United States and is an heir at law, of equal or greater interest than resident heirs, or of sole interest of any estate of a deceased citizen of this state, that nonresident citizen or lawfully admitted alien may act as administrator of the estate; provided, however, that the nonresident shall, before he is qualified to act, be required to give bond and good security in a sum equal to double the amount of the estate, payable to the judge of the probate court of the county before whom he may qualify in this state. The sureties shall be resident citizens of this state. They shall be subject to an action in the first instance for any default, liability, or mismanagement on the part of the nonresident administrator without joining the administrator in the action. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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DISPOSITION OF UNCLAIMED PROPERTY ACT INTANGIBLE PERSONAL PROPERTY OF FORMER CLIENTS OF COUNTY DEPARTMENTS OF FAMILY AND CHILDREN SERVICES. Code Section 44-12-199 Amended. No. 590 (House Bill No. 69). AN ACT To amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property under Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the Disposition of Unclaimed Property Act, so as to provide for an exception regarding such property held on behalf of former clients of county departments of family and children services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property under Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the Disposition of Unclaimed Property Act, is amended by striking subsection (b) of said Code section and inserting in its place a new subsection (b) to read as follows: (b) All intangible personal property, including, but not limited to, funds or moneys in client or patient or inmate trust accounts or other accounts, held for or on behalf of an owner who had been a client of a county department of family and children services or a resident, patient, or inmate in any institution or facility operated by the Department of Human Resources or the Department of Corrections, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT MINIMUM TERM; PAYMENT IN ADVANCE; PROOF OF INSURANCE PRIOR TO LICENSING PRIVATE PASSENGER VEHICLES; FINANCIAL RESPONSIBILITY; LICENSE SUSPENSIONS; NOTICES OF CANCELLATION; PENALTIES; DEPOSITS OF LICENSES; AMBULANCES OPERATED BY THE STATE; MOVING UNINSURED VEHICLES. Code Title 33, Chapter 34 Amended. Code Sections 17-6-11, 31-11-33, and 40-6-206 Amended. No. 591 (House Bill No. 70). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to revise extensively the requirements for motor vehicle insurance and the penalties for failure to comply with the requirements for motor vehicle insurance; to prohibit the issuance of personal automobile or family-type automobile insurance policies which do not provide coverage for a minimum term of six months; to require payment in advance for the first 60 days of coverage under certain policies; to provide exceptions; to provide for proof of motor vehicle insurance prior to the licensing of private passenger vehicles; to provide for filing of financial responsibility; to provide what shall be considered a conviction for the purposes of license suspensions; to provide exceptions; to provide for notices of cancellation; to provide for the furnishing of information to the Department of Public Safety; to provide for violations, penalties, fines, restoration fees, and lapse fees;

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to provide for the suspension of licenses, tags, and tag registrations; to authorize rules and regulations; to provide for the submission of rules and regulations; to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail, so as to allow such deposit for an offense under Chapter 34 of Title 33; to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage as a condition of licensing of ambulances, so as to specify the insurance coverage which shall be required for ambulances operated by the State of Georgia; to amend Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to circumstances under which a police officer may remove a vehicle, so as to authorize the removal of an uninsured vehicle under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by striking subsection (a) of Code Section 33-34-3, relating to requirements as to the issuance of policies of motor vehicle insurance, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months. (2) All insurers authorized to transact or transacting insurance in this state or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts providing motor vehicle liability insurance coverage or any other similar coverage in any state or Canadian province shall include in the policies or contracts of insurance a provision which provides at least the minimum coverage required under Code Section 33-34-4 with respect to motorists insured under the policies

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or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provisions of the policies or contracts to the contrary, all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state. (3) Nothing contained in this Code section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to provide the minimum benefits required by Code Section 33-34-4 from providing such benefits for its insured motorists who are involved in motor vehicle accidents in this state and, to the extent that such benefits are provided, such policies or contracts shall be deemed to provide the minimum coverage required by this chapter. (4) No insurer shall issue a policy of motor vehicle insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile insurance policies. Section 2. Said chapter is further amended by striking in their entirety Code Sections 33-34-10, 33-34-10.1, 33-34-10.2, 33-34-11, and 33-34-12 and inserting in lieu thereof the following: 33-34-10. No motor vehicle shall be licensed by this state until the owner or insured has furnished proof in the form provided in this subsection to the licensing authorities that there is in effect the minimum insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a minimum term of six months. This time period shall apply only to private passenger vehicles. The commissioner

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of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy this subsection; however, such information as pertains to the minimum insurance coverage shall contain the certification of the applicant that minimum insurance is in force. 33-34-10.1. (a) Any person convicted of a second or subsequent violation of subsection (a), (b), or (c) of Code Section 33-34-12 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the department and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department is given at least 30 days' prior written notice of such cancellation. 33-34-10.2. (a) For the purposes of mandatory suspension of a driver's license for a first violation of subsection (a), (b), or (c) of Code Section 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the Department of Public Safety for the purposes of counting the plea of nolo contendere as a conviction under subsection (b) of this Code section. (b) For the purposes of mandatory suspension of a driver's license, license tag, and tag registration for a second or subsequent violation within a five-year period, as measured from date of arrest to date of arrest, of subsection (a), (b), or (c) of Code Section 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of subsection

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(a), (b), or (c) of Code Section 33-34-12, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. 33-34-11. (a) In cases in which the minimum insurance required by this chapter is canceled, the insurer, within 15 days of the effective date of the cancellation, shall notify the Department of Public Safety in the form specified by the department of such cancellation. For the purposes of aiding in the enforcement of this chapter, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. For the purposes of this Code section, cancellation shall be defined by regulation of the Department of Public Safety. (b) (1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle that the department has been informed of the fact of the cancellation, and of the penalties outlined in this Code section. (2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained and to provide any other information relating to such insurance coverage requested by the department. (3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department. (c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner must remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.

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(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $25.00, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle. (3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $25.00, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that any owner whose driver's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall only pay a $25.00 restoration fee and shall not be deemed to have violated Code Section 40-5-121. (4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag registration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle. 33-34-12. (a) (1) The owner or operator of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at

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all times during the operation of the vehicle. A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of the minimum insurance coverage required by this chapter. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of the minimum insurance coverage required by this chapter for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both. (2) Every law enforcement officer in this state shall request the operator of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this chapter every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle. (3) If the owner or operator of a motor vehicle fails to show proof or evidence of minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that the minimum insurance coverage required by this chapter was in effect at the time the citation was issued, the court shall return the driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.

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(b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive and which otherwise meets the requirements of this chapter. (c) Any person who knowingly makes a false statement or certification under Code Section 33-34-10, 33-34-11, or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both. (d) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of this Code section shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety. After the 60 day suspension period and when the person provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the person's driver's license to such person. For a second or subsequent offense within a five-year period, the suspension period will be increased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The procedures for submission of driver's licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations. (e) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle driver's license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction under subsection

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(a), (b), or (c) of this Code section and a warrant shall issue for the arrest of such person. 33-34-12.1. (a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of this chapter immediately upon suspension and demand of the department to forward such items to the department. (b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the Department of Public Safety. (c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination under this chapter relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under this chapter shall begin upon the date of conviction adjudicated by the court having jurisdiction. (d) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days. 33-34-13. (a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance required in this chapter. The commissioner of public safety shall adopt rules and regulations necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter.

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(b) Any rules or regulations proposed pursuant to this Code section shall be submitted to the Motor Vehicles Committee of the House of Representatives and the Insurance Committee of the Senate prior to the implementation of such rules or regulations. Section 3. Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, including any offense under Code Section 33-34-12, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.

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Section 4. Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage as a condition of licensing ambulances, is amended by striking subsections (a) and (c) and inserting in their respective places new subsections (a) and (c) to read as follows: (a) Every ambulance operated by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in this state providing at least the minimum coverage required for motor vehicles under Chapter 34 of Title 33; provided, however, in the case of ambulances operated by the state, the coverage required shall be the same coverage required for other state vehicles under Chapter 9 of Title 45. (c) This Code section shall apply to all ambulances, whether privately operated or operated by any political subdivision of the state or any municipality. Section 5. Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to circumstances when police officers may remove motor vehicles, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Because uninsured vehicles pose a threat to the public safety and health, any law enforcement officer is authorized to remove or cause to be removed to the nearest garage or other place of safety the vehicle of a person who is charged under subsection (a) or (b) of Code Section 33-34-12 if such person admits to the law enforcement officer that there is no insurance in effect on the vehicle or if the law enforcement officer verifies that the proof of insurance provided by such person is fraudulent. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

Page 553

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT MOTORCYCLE OPERATORS; PROOF OF INSURANCE. Code Section 33-34-14 Amended. No. 592 (House Bill No. 72). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to require the operator of a motorcycle to keep proof or evidence of minimum insurance coverage required by law in his immediate possession or on the motorcycle at all times when such person is operating the vehicle; to require law enforcement officers to request the operators of motorcycles to produce proof or evidence of minimum insurance coverage required by law on motorcycles under certain circumstances; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by striking in its entirety Code Section 33-34-14, relating to requirements as to liability insurance coverage for motorcycles, and inserting in lieu thereof a new Code Section 33-34-14 to read as follows: 33-34-14. (a) For the purposes of this Code section, `motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped. (b) Except as provided in subsections (c), (d), and (e) of this Code section, the provisions of this chapter shall not apply to the operation of motorcycles.

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(c) No owner of a motorcycle or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor. (d) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection. (e) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS ANNUAL PER RESIDENT ASSESSMENTS. Code Section 50-8-101 Amended. No. 593 (House Bill No. 80). AN ACT To amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to operating expenses of metropolitan area planning and development commissions, so as to clarify certain annual per resident assessments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to operating expenses of metropolitan area planning and development commissions, is amended by striking from paragraph (2) of subsection (b) thereof the following: 1987, wherever such year appears, and inserting in its place the following: 1987 and each calendar year thereafter, so that when so amended that paragraph (2) shall read as follows: (2) In addition to the amount required under paragraph (1) of this subsection, every county within the area and the most populous municipality within the area shall each provide the commission with an amount based upon the number of residents of that county or municipality, respectively, and determined as follows: (A) Each county which has no portion of the most populous municipality within its boundary shall provide

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an amount determined by multiplying the number of persons residing in that county by the following per resident amounts based upon the appropriate calendar year specified: 1986 30 1987 and each calendar year thereafter 40 (B) Each county which has some portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in the county but outside that most populous municipality by the per resident amount specified for the applicable calendar year under subparagraph (A) of this paragraph and shall also provide an amount determined by multiplying the number of persons residing in the county inside that most populous municipality by the following per resident amounts based upon the appropriate calendar year specified: 1986 12 1987 and each calendar year thereafter 16 (C) The most populous municipality shall provide an amount determined by multiplying the number of persons residing in the municipality by the following per resident amounts based upon the appropriate calendar year specified: 1986 18 1987 and each calendar year thereafter 24 Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CRIMES AND OFFENSES SIMPLE BATTERY AGAINST A PERSON 65 YEARS OF AGE OR OLDER; MISDEMEANOR OF A HIGH AND AGGRAVATED NATURE. Code Section 16-5-23 Amended. No. 594 (House Bill No. 99). AN ACT To amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the crime of simple battery, so as to provide that any person who commits the offense of simple battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the crime of simple battery, is amended by striking subsection (b) and inserting in its place new subsections (b) and (c) to read as follows: (b) Except as otherwise provided in subsection (c) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. (c) Any person who commits the offense of simple battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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REVENUE AND TAXATION CONFIDENTIAL INFORMATION; MATERIALS GATHERED BY PERSONNEL OF COUNTY BOARDS OF TAX ASSESSORS; PUBLIC INSPECTION OF CERTAIN MATERIALS. Code Section 48-5-314 Amended. No. 595 (House Bill No. 121). AN ACT To amend Code Section 48-5-314 of the Official Code of Georgia Annotated, relating to the confidentiality of certain taxpayer records, so as to provide that certain materials containing information gathered by personnel of the county board of tax assessors shall not be confidential; to provide that records which are not confidential shall be subject to inspection at all times during office hours; to provide a penalty for failure to make records which are not confidential available for inspection; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-314 of the Official Code of Georgia Annotated, relating to the confidentiality of certain taxpayer records, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) (1) All records of the county board of tax assessors which consist of materials other than the return obtained from or furnished by an ad valorem taxpayer shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. As an illustration of the foregoing, materials which are confidential shall include, but shall not be limited to, taxpayers' accounting records, profit and loss statements, income and expense statements, balance sheets, and depreciation schedules. Such information shall remain confidential when it is made part of an appeal file. Nothing in this Code section, however,

Page 559

shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding. (2) Records which consist of materials containing information gathered by personnel of the county board of tax assessors, such as field cards, shall not be confidential and are subject to inspection at all times during office hours. The provisions of this subparagraph shall not remove the confidentiality of materials such as are specified in subparagraph (1) of this subsection. (3) Notwithstanding Code Section 50-18-74, failure of the county board of tax assessors to make available records which are not confidential as provided in paragraph (2) of this subsection shall be a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CORONERS MEDICAL RECORDS; RELEASE TO CORONERS OF OTHER STATES; SUBPOENAS. Code Section 45-16-10 Amended. No. 596 (House Bill No. 133). AN ACT To amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning coroners, so as to provide for the release of certain medical records and other information concerning the death of a person in a medical facility in this state to a coroner in another state if such person was injured in the county of such coroner;

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to provide that the records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this state shall be available to a coroner of another state if such records, papers, or reports are the subject of a subpoena issued by the coroner of another 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. Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning coroners, is amended by striking Code Section 45-16-10 in its entirety and inserting in lieu thereof a new Code Section 45-16-10 to read as follows: 45-16-10. Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this state shall be available to a coroner of another state if such person was injured in, a resident of, or buried in the county of such coroner in such other state or if such records, papers, or reports are the subject of a subpoena issued by the coroner of another state. The release of such records to the coroner of another state shall not be prohibited by Article 4 of Chapter 18 of Title 50. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CRIMES AND OFFENSES INTERFERENCE WITH CUSTODY; RETAINING POSSESSION UPON EXPIRATION OF A LAWFUL PERIOD OF VISITATION. Code Section 16-5-45 Amended. No. 597 (House Bill No. 141). AN ACT To amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to provide that a person commits the offense of interference with custody when the person retains possession within this state of a child or committed person upon the expiration of a lawful period of visitation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, is amended by striking paragraph (1) of subsection (b) in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) A person commits the offense of interference with custody when without lawful authority to do so the person: (A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person; (B) Knowingly harbors any child or committed person who has absconded or; (C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ALCOHOLIC BEVERAGES MALT BEVERAGES AND WINE CONTAINING LESS THAN ONE-HALF OF 1 PERCENT ALCOHOL; TAX EXEMPTION. Code Sections 3-5-90 and 3-6-71 Enacted. No. 598 (House Bill No. 180). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to exempt malt beverages and wine which contain less than one-half of 1 percent alcohol from certain taxation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding immediately following Part 2 of Article 4 of Chapter 5 the following: Part 3 3-5-90. Malt beverages which contain less than one-half of 1 percent alcohol by volume shall not be subject to any tax levied under this title or any tax levied pursuant to authority granted by this title. Section 2. Said title is further amended by adding immediately following Code Section 3-6-70 a new Code Section 3-6-71 to read as follows: 3-6-71. Wines which contain less than one-half of 1 percent alcohol by volume shall not be subject to any tax levied under this title or any tax levied pursuant to authority granted by this title. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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TRADEMARKS AND SERVICE MARKS APPLICATIONS FOR REGISTRATION; FEES. Code Section 10-1-442 Amended. No. 599 (House Bill No. 222). AN ACT To amend Code Section 10-1-442 of the Official Code of Georgia Annotated, relating to applications and fees for the registration of trademarks and service marks, so as to change the amount of the filing fee for such applications; 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 10-1-442 of the Official Code of Georgia Annotated, relating to applications and fees for the registration of trademarks and service marks, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The application shall be signed and verified by the applicant and shall be accompanied by a specimen or facsimile of such trademark or service mark in triplicate and a filing fee of $15.00, payable to the Secretary of State. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CIVIL PRACTICE MOTIONS TO SET ASIDE A JUDGMENT BASED UPON LACK OF JURISDICTION OVER THE PERSON. Code Section 9-11-60 Amended. No. 600 (House Bill No. 224). AN ACT To amend Code Section 9-11-60 of the Official Code of Georgia Annotated, relating to relief from judgments, so as to change the provisions relating to motions to set aside judgments; to provide for a motion to set aside a judgment based upon lack of jurisdiction over the person; 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 9-11-60 of the Official Code of Georgia Annotated, relating to relief from judgments, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. DIVORCE EVIDENTIARY HEARINGS IN UNCONTESTED DIVORCE CASES; PLEADINGS; AFFIDAVITS; MOTIONS TO SET ASIDE; PROCEEDINGS TO ATTACK JUDGMENT; STATUTE OF LIMITATIONS. Code Sections 19-5-8 and 19-5-10 Amended. No. 601 (House Bill No. 234). AN ACT To amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that in uncontested divorce cases an evidentiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required; to provide that determination of such matters may be made upon the verified pleadings, one or more affidavits, or such other basis or procedure as the court may deem proper; to provide for applicability to pending and future proceedings; to provide that any motion to set aside or other proceeding to attack a judgment which attacks a prior judgment in a divorce case and which is based upon an alleged failure to properly establish evidence must be commenced prior to a certain date or thereafter be totally barred; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by striking Code Section 19-5-8, relating to pleading and practice in divorce cases, and inserting in its place a new Code section to read as follows: 19-5-8. The same rules of pleading and practice applicable to ordinary civil actions shall apply to actions for divorce, alimony, and custody of minor children, except as otherwise specifically provided in this chapter. No verdict or judgment by default shall be taken in any such case but the allegations of the pleadings shall be established to the satisfaction of the court by the verified pleadings, by affidavit, by evidentiary hearing, or otherwise, as provided in Code Section 19-5-10. Section 2. Said chapter is further amended by striking Code Section 19-5-10, relating to undefended divorce cases, and inserting in its place a new Code section to read as follows: 19-5-10. (a) In divorce cases which are not defended by the responding party, the judge shall determine that the asserted grounds for divorce are legal and sustained by proof or shall appoint the district attorney or some other attorney of the court to discharge that duty for him. An evidentiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required. If no evidentiary hearing is held, the determination of such matters may be made upon the verified pleadings of either party, one or more affidavits, or such other basis or procedure as the court may deem proper in its discretion. (b) The provisions of subsection (a) of this Code section shall apply to proceedings pending on July 1, 1987, as well as to proceedings filed on or after that date. (c) Any motion to set aside or other proceeding to attack a judgment which attacks a judgment entered in a divorce case prior to July 1, 1987, and which is based upon an alleged failure to properly establish evidence supporting the judgment must be commenced prior to July 1, 1988, or thereafter be totally barred. The bar established by this subsection is

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in addition to and not in lieu of any other statute or rule of law which would operate as a bar to such a motion or other proceeding; and this subsection shall not operate to revive any otherwise barred right to prosecute any such motion or other proceeding. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GEORGIA BOAT SAFETY ACT REPORTABLE BOATING ACCIDENTS; NUMBERING OF VESSELS; TYPE V PERSONAL FLOTATION DEVICES; ENGINE EXHAUST; LAKE HARTWELL DAM BOATING SAFETY ZONE; UNIFORM RULES OF THE ROAD FOR VESSELS. Code Title 52, Chapter 7 Amended. No. 602 (House Bill No. 239). AN ACT To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, so as to define a reportable boating accident; to require the numbering of vessels with specific exceptions; to provide that numbers assigned by the state need not be displayed on vessels documented by the United States Coast Guard; to provide that certificates of number remain in effect on documented vessels; to repeal the exemption from the state numbering requirements of vessels documented by the United States Coast Guard; to provide for the use of type V (hybrid) personal flotation devices; to require the engines on all motorized vessels to exhaust at or below the water line; to provide for a boating safety zone below the Lake Hartwell Dam; to provide for uniform rules of the road for vessels operating upon the waters of this state; to provide for other

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matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, is amended by striking paragraph (17) of Code Section 52-7-3, relating to the definitions, in its entirety and substituting in lieu thereof a new paragraph (17) to read as follows: (17) `Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $200.00. Section 2 . Said chapter is further amended by striking Code Section 52-7-4, relating to registration and numbering requirements of vessels, in its entirety and substituting in lieu thereof a new Code Section 52-7-4 to read as follows: 52-7-4. Every vessel using the waters of this state shall be numbered, except those exempted by Code Section 52-7-6 and those licensed pursuant to Code Section 27-2-8. No person shall operate or give permission for the operation of any such vessel on the waters of this state unless the vessel is numbered in accordance with this article or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless: (1) The certificate of number issued to the vessel is on board and in full force and effect; and (2) The identifying number set forth in the certificate of number is properly displayed on each side of the forward half of the vessel; provided, however, that this requirement shall not apply to numbered vessels which are documented by the United States Coast Guard. Section 3 . Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 52-7-5, relating

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to the numbering of vessels, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The identification number assigned to all registered vessels, except those documented by the United States Coast Guard, must be permanently painted or attached to each side of the forward half of the vessel, and no other number may be displayed thereon. Numbers must read from left to right, be in block characters, be of a color contrasting with the background, and be not less than three inches in height nor more than one inch apart. There shall be a hyphen or space betwen the prefix letters and numerals and between the numerals and the suffix letters. The hyphen or space shall be equal to the width of any letter except I. Section 4. Said chapter is further amended by striking paragraph (1) of subsection (m) of Code Section 52-7-5, relating to the numbering of vessels, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) A certificate of number once issued pursuant to this Code section shall be considered void upon the happening of any one of the following events: (A) The owner transfers all his interest in said vessel to another person or involuntarily loses his interest through legal process; (B) The vessel is destroyed or abandoned; (C) It is discovered by the department that the application submitted by the owner contains false or fraudulent information; (D) The fees for issuance are not paid by the applicant; or (E) The state of principal use is changed. Section 5 . Said chapter is further amended by striking paragraph (8) of Code Section 52-7-6, relating to exemptions from numbering requirements, which reads as follows: (8) Documented by the United States Coast Guard or a federal agency successor thereto;,

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in its entirety and by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively. Section 6. Said chapter is further amended by striking subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Lifesaving devices. (1) Every vessel shall be equipped with the following number and type of personal flotation devices: (A) Every Class A vessel shall carry aboard, at all times, at least one Type I, II, III, IV, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened; (B) Every Class 1, 2, and 3 vessel shall carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel of Class 1, 2, and 3 must carry at least one Type IV (throwable) device. (2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps. Section 7. Said chapter is further amended by striking Code Section 52-7-10, relating to muffling devices, in its entirety and substituting in lieu thereof a new Code Section 52-7-10 to read as follows:

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52-7-10. The exhaust of every internal combustion engine used on any vessel, excluding those licensed pursuant to Code Section 27-2-8, shall be effectively muffled by an efficient muffling device. The muffling device shall exhaust at or below the water line. The use of cutouts or stacks is prohibited, except as authorized by permit issued for vessels competing in regattas or boat races approved as provided in Code Section 52-7-19. Section 8. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 52-7-13, relating to boating safety zones, in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) The area downstream within 500 feet of the dam at Lake Oconee; the area upstream within 500 feet of the dam at Lake Jackson; the area downstream within 200 feet of the dam at Lake Sinclair; the area upstream within 500 feet of the dam at Stevens Creek; the area upstream within 50 feet of the Muckafoonee Creek Dam at Lake Worth; the area downstream within 200 feet of the power plant below the dam at Bartlett's Ferry; the areas upstream within 500 feet and downstream within 200 feet of the dam at Goat Rock Reservoir; the area upstream within 200 feet of the dam at Lake Juliette (Rum Creek Reservoir); the areas upstream within 225 feet and downstream within 875 feet of the dam at Richard B. Russell Lake; and the area downstream within 875 feet of the dam at Lake Hartwell. Section 9. Said chapter is further amended by striking Code Section 52-7-18, relating to rules of the road for boat traffic, in its entirety and substituting in lieu thereof a new Code Section 52-7-18 to read as follows: 52-7-18. (a) All vessels operating on the coastal waters of this state shall conform to the `Steering and Sailing Rules' established by Section II, Rules 11 through 18, of the International Navigation Rules Act of 1977, as amended. (b) All vessels operating on the inland waters of this state shall conform to the `Steering and Sailing Rules' established by Subpart II, Rules 11 through 18, of the Inland Navigation Rules Act of 1980, as amended.

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(c) It shall be the duty of each operator to keep his vessel to the starboard or right side of the center of any channel, stream, or other narrow body of water; provided, however, this provision shall not give to the operator of a sailing vessel the right to hamper, in a narrow channel, the safe passage of another vessel which can navigate only inside that channel. (d) Powered vessels approaching nonpowered vessels shall reduce their speed so that their wake shall not endanger the life or property of those occupying the nonpowered vessel. (e) Whenever a vessel approaches a bend, point, or other blind area, it shall be the duty of the operator to: (1) Move as far to the right or starboard as possible; (2) Reduce speed to allow for an unexpected stop if necessary; and (3) Sound a blast of eight to ten seconds' duration on a sounding device if such a device is carried. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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HOSPITALS ANNUAL REPORTS TO THE HEALTH PLANNING AGENCY. Code Section 31-6-70 Amended. No. 603 (House Bill No. 255). AN ACT To amend Article 4 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to semiannual reports of certain health care information by hospitals to the Health Planning Agency, so as to provide that such reports shall be annual reports rather than semiannual reports; to change the due date and period of coverage of such reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to semiannual reports of certain health care information by hospitals to the Health Planning Agency, is amended by striking Code Section 31-6-70, relating to required hospital reports of certain health care information, and inserting in its place a new Code Section 31-6-70 to read as follows: 31-6-70. (a) There shall be required from each hospital in this state an annual report of certain health care information to be submitted to the planning agency. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year. (b) The report required under subsection (a) of this Code section shall contain the following information: (1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts;

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(4) Contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons: (A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the hospital by county of residence. (c) As used in subsection (b) of this Code section, `indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (d) The planning agency shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section. (e) In the event that the planning agency does not receive an annual report from a hospital within 30 days following the date such report was due or receives a timely but incomplete report, the planning agency shall notify the hospital regarding the deficiencies. (f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant

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has not submitted the annual reports required by subsection (a) of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. POSTSECONDARY VOCATIONAL-TECHNICAL SCHOOLS BOARDS OF DIRECTORS; EMPLOYEES; STATE MERIT SYSTEM; TUITION FEES; EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; TEACHERS RETIREMENT SYSTEM OF GEORGIA; PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; COVERAGE. Code Title 20, 45, and 47 Amended. No. 604 (House Bill No. 267). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for boards of directors for postsecondary vocational-technical schools; to provide for the compensation and other benefits of employees of postsecondary vocational-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system; to provide for tuition fees for vocational-technical schools; to provide for matters relative to the foregoing; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions for the state merit system, so as to change the definition of the unclassified service to include certain employees of postsecondary vocational-technical schools; to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement systems, so as to change the definition of employee for purposes of the Employees' Retirement System of Georgia; to change the definition of teacher for purposes of the Teachers

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Retirement System of Georgia; to provide for membership in certain retirement systems of persons employed in vocational-technical education areas; to change the definition of employee for purposes of the Public School Employees Retirement System; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (e) of Code Section 20-2-300, relating to education programs, in its entirety and inserting in its place Reserved. Section 2. Said title is further amended by adding a new Code Section 20-2-311 to read as follows: 20-2-311. (a) (1) There is established a State Board of Postsecondary Vocational Education consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry, or economic development. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired term of office. (2) The State Board of Postsecondary Vocational Education shall be empowered to: (A) Approve occupational programs of two years' duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia;

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(B) Receive and hold title to property, equipment, money, and materials; (C) Solicit and receive funds from the general public, corporate underwriters, and foundations; (D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities; (E) Select and employ an executive director and staff and prescribe the duties and compensation thereof; (F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institutions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level; (G) Establish local boards of directors for post-secondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the

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geographic area which the institute serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic development. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local boards of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in paragraph (4) of this subsection for state board members; and (H) Upon a postsecondary vocational-technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary vocational-technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose. (3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state. (4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall

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serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Postsecondary Vocational Education. (5) The State Board of Postsecondary Vocational Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members. (6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities. (7) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the `sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes

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shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, and the state merit system. (8) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education. (9) Any other Code section of this article notwithstanding, and subject to appropriation by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this Code section. (10) Any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocational-technical school system and adult vocational centers. (11) Nothing in this Code section shall abridge the authority of the Board of Regents of the University System

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of Georgia to establish or operate colleges or of local boards of education to operate schools. (12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occupational education and training needs of business, industry, and students, and which enhances the state's competitive position for economic development. (13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the provisions of this article. The executive director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings. (14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the State Board of Postsecondary Vocational Education. (15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on and after July 1, 1985, and all fulltime nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical

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schools governed by the state board, shall become members of the Teachers Retirement System of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel select membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees of the option provided for by this paragraph so that such personnel shall choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment. (16) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-technical school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations.

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(17) Employees of postsecondary vocational-technical schools governed by the state board shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service. (18) Employees of postsecondary vocational-technical schools governed by the state board who are appointed after July 1, 1987, or after the date on which the state board assumes governance of the postsecondary vocational-technical schools shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the state board. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the state board deems appropriate. (19) Employees of postsecondary vocational-technical schools formerly operated by a local board of education or area postsecondary vocational education board shall as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school make a choice as follows as to which salary and which benefit plan shall govern their employment: (A) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the state board. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits

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available to state employees employed by the state board. The future salaries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary vocational education boards; (B) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by the state board as of the same date, provided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in confirmity with state board policy in accordance with the state board compensation plan; or (C) Employees of postsecondary vocational-technical schools formerly operated by local boards of education or area postsecondary vocational-technical boards who choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by subparagraph (B) of this paragraph. (20) Employees in the classified service of the state merit system who are employed by postsecondary vocational-technical schools governed by the state board who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election. (21) An employee of a postsecondary vocational-technical school governed by the state board may be granted

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an amount of initial accrued sick and annual leave; provided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the state board; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, any leave granted under this paragraph shall be subject to the same limitations as leave accrued while employed by the state board, including forfeiture. (22) Employees of postsecondary vocational-technical schools governed by the state board shall accrue sick leave as provided for by the rules and regulations of the State Personnel Board. (23) Employees of postsecondary vocational-technical schools governed by the state board shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the state personnel board. The state board may by policy establish conditions regulating such days off with pay. Such employees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purposes of determining the number of annual leave days authorized to be accrued by the rules and regulations of the State Personnel Board, years of experience in the employment of local boards of education or area postsecondary vocational education boards shall be counted as years of experience in the employment of the vocational-technical schools governed by the state board. (b) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational

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Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section. Section 3 . Said title is further amended by striking Code Section 20-4-100, relating to tuition fees, and inserting in lieu thereof a new Code Section 20-4-100 to read as follows: 20-4-100. (a) The State Board of Postsecondary Vocational Education is authorized and directed to promulgate rules and regulations for the charging of tuition fees by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education. (b) Any vocational-technical school operated by a local board of education, an independent board of trustees, or the State Board of Postsecondary Vocational Education shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of Postsecondary Vocational Education. (c) The State Board of Postsecondary Vocational Education may from time to time amend its rules and regulations concerning charging of tuition fees. (d) Tuition fees charged by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources. (e) The State Board of Postsecondary Vocational Education shall not withhold from any vocational-technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the State Board of Postsecondary Vocational Education to such school by contract, grant, or otherwise.

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Section 4 . Code Section 45-20-2, relating to definitions for the state merit system, is amended by striking subparagraphs (Z) and (AA) of paragraph (15) and inserting in lieu thereof the following: (Z) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title; (AA) The employees in the positions in the job classification of `Clerk, Contigency' in the Department of Labor who are paid on an hourly basis. These employees shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title; and (BB) The officers, officials, and employees of postsecondary vocational-technical schools which are operated by the State Board of Postsecondary Vocational Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order. Section 5 . Title 47 of the Official Code of Georgia Annotated, relating to retirement systems, is amended by striking subparagraph (B) of paragraph (16) of Code Section 47-2-1, relating to definitions in the Employees' Retirement System of Georgia, and inserting in lieu thereof a new subparagraph (B) to read as follows:

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(B) Any employee or officer of any other department, bureau, board, institution, or commission of the state: (i) Which department, bureau, board, or commission operates under a merit system of personnel administration; (ii) Which department operates under a tenure system as established by law; or (iii) Which department, bureau, board, or commission becomes eligible for inclusion in the retirement system by Act of the General Assembly; who receives payment for performance of personal services from the state or any department, bureau, institution, board, or commission of the state or from a county, city-county, or city board and who is employed in a position normally requiring actual performance of duty during not less than nine months of the year. `Employee' shall not include members of the Teachers Retirement System of Georgia or members of the Public School Employees Retirement System;. Section 6 . Said title is further amended by adding between paragraph (16.2) and paragraph (17) of Code Section 47-2-1, relating to definitions for the Employees' Retirement System of Georgia, new paragraphs to read as follows: (16.3) `Employee' may include persons employed on and after July 1, 1987, for the first time by the State Board of Postsecondary Vocational Education or by postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education only if such personnel elect membership in the retirement system pursuant to subsection (j) of Code Section 47-3-60. (16.4) The word `employee' shall not include persons who are employed by the State Board of Postsecondary Vocational Education or by a postsecondary vocational-technical school governed by the State Board of Postsecondary Vocational Education and who elect to become members of the Teachers Retirement System of Georgia pursuant to the authority of subsection (j) of Code Section 47-3-60.

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Section 7 . Said title is further amended by adding between Part 3 and Part 4 of Article 8 of Chapter 2 a new Part 3.1 to read as follows: Part 3.1 47-2-190. Any member who has service credits with the Public School Employees Retirement System may not have any such service credits transferred to the Employees' Retirement System of Georgia. Section 8 . Said title is further amended by adding between subparagraph (F.1) and subparagraph (G) of paragraph (28) of Code Section 47-3-1, relating to definitions for the Teachers Retirement System of Georgia, new subparagraphs to read as follows: (F.2) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.3) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the State Board of Postsecondary Vocational Education assumes governance of the postsecondary vocational-technical school if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; Section 9. Said title is further amended by adding at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, generally, a new subsection (j) to read as follows:

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(j) (1) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employment if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel shall choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment. (2) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-technical school governed thereby. All employees who

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are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations. (3) If any person who transfers to this retirement system pursuant to the authority of this subsection subsequently becomes employed in a position where membership in the Employees' Retirement System of Georgia is required, any creditable service obtained under this retirement system for teaching service in school systems of other states pursuant to Code Section 47-3-89 shall not be eligible for transfer as creditable service to the Employees' Retirement System of Georgia, notwithstanding the provisions of Code Section 47-2-92 or any other provision of Chapter 2 of this title. Section 10. Said title is further amended by striking subsection (a) of Code Section 47-3-63, relating to membership in the Teachers Retirement System of Georgia, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In accordance with Code Section 47-4-40, full-time public school lunchroom, maintenance, or warehouse managers or supervisors or full-time public school transportation managers or supervisors including those employed by postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education may elect to become members of the Teachers Retirement System of Georgia. Any such personnel exercising such option shall begin making the employee contributions required by this chapter. Section 11. Said title is further amended by striking paragraph (20) of Code Section 47-4-2, relating to definitions for the Public School Employees Retirement System, and inserting in lieu thereof a new paragraph (20) to read as follows: (20) `Public school employee' or `employee' means all those employees of public schools including postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education who are not eligible for

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membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia. Certain `public school employees,' as defined in this paragraph, shall have the option to become members of the Teachers Retirement System of Georgia in accordance with subsection (d) of Code Section 47-4-40 or to become members of the Employees' Retirement System of Georgia in accordance with subsection (e) of Code Section 47-4-40 and except as provided by such subsections, any public school employee becoming a member of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall cease to be a member of the retirement system created by this chapter. Section 12. Said title is further amended by striking subsection (d) of Code Section 47-4-40, relating to membership in the Public School Employees Retirement System, and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) Full-time public school lunchroom, maintenance, or warehouse managers or supervisors, or full-time public school transportation managers or supervisors including those employed by postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education shall have the option of becoming members of the Teachers Retirement System of Georgia, in accordance with Code Section 47-3-63. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund and upon withdrawing such contributions, such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement

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system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after November 1, 1982, shall have the option, which must be exercised within 30 days after becoming employed, of becoming a member of this retirement system or of becoming a member of the Teachers Retirement System of Georgia, provided that any such person who becomes employed by a postsecondary vocational-technical school governed by the State Board of Postsecondary Vocational Education after July 1, 1987, shall exercise such option within one day after becoming so employed. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of local units of administration and postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options. (e) Lunchroom, maintenance, warehouse, or transportation workers employed by postsecondary vocational-technical school governed by the State Board of Postsecondary Vocational Education, who are otherwise eligible under laws, rules, or regulations, shall have the option of becoming members of the Employees' Retirement System of Georgia, in accordance with Code Sections 20-2-311, 47-2-1, and 47-2-190. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund and upon withdrawing such contributions, such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain

Page 594

the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after July 1, 1987, shall have the option, which must be exercised within one day after becoming employed, of becoming a member of this retirement system or of becoming a member of the Employees' Retirement System of Georgia. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of postsecondary vocational-technical schools governed by the State Board of Postsecondary Vocational Education to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

Page 595

EVIDENCE LIBRARY RECORDS; CONFIDENTIAL NATURE; DISCLOSURE; IMMUNITY. Code Section 24-9-46 Enacted. No. 605 (House Bill No. 297). AN ACT To amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to provide for the confidential nature of certain library records; to provide for disclosure of such records and for immunity from liability therefor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, is amended by adding at the end thereof a new Code section to read as follows: 24-9-46. (a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and may not be disclosed except: (1) To members of the library staff in the ordinary course of business; (2) Upon written consent of the user of the library materials or the user's parents or guardian if the user is a minor or ward; or (3) Upon appropriate court order or subpoena. (b) Any disclosure authorized by subsection (a) of this Code section or any unauthorized disclosure of materials made confidential by that subsection (a) shall not in any way destroy the confidential nature of that material, except for the purpose for which an authorized disclosure is made.

Page 596

A person disclosing material as authorized by subsection (a) of this Code section shall not be liable therefor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. AUCTIONEERS DEFINITIONS; REGISTRATION OF COMPANIES; LICENSES; FEES; CENSURE; MUNICIPAL, COUNTY, OR POLITICAL SUBDIVISION REGULATION. Code Title 43, Chapter 6 Amended. No. 606 (House Bill No. 300). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, so as to define certain terms; to change the definition of a certain term; to prohibit any company from engaging in, conducting, advertising, or holding itself out as engaging in or conducting the business of auctioning without registering with the Georgia Auctioneers Commission; to provide exceptions; to provide qualifications for registration of companies; to change the provisions relating to the issuance of licenses to certain applicants who are nonresidents of this state; to provide registration fees and renewal fees for companies registered to engage in the business of auctioning; to provide for revocation or suspension of company registration and censure of companies under certain conditions; to change the provisions relating to exceptions under said Chapter 6; to provide for the applicability of said Chapter 6 with respect to the regulation of licensing of auctioneers by any municipality, county, or other political subdivision; to repeal conflicting laws; and for other purposes.

Page 597

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, is amended by striking in its entirety Code Section 43-6-1, relating to definitions in conjunction with auctioneers, and inserting in lieu thereof a new Code Section 43-6-1 to read as follows: 43-6-1. As used in this chapter, the term: (1) `Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter. (2) `Auction business' or `business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, to include bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction. (3) `Auctioneer' means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction; has been actively engaged in the auction business for a period of more than one year; has been the principal auctioneer in ten or more auctions; and has been duly licensed, as provided in this chapter. (4) `Commission' means the Georgia Auctioneers Commission.

Page 598

(5) `Company' means association, partnership, corporation, and sole proprietorship and shall also include the officers, directors, and employees of such entities. (6) `Goods' means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale. (7) `Person or persons' means an individual. Section 2. Said chapter is further amended by adding at the end of Code Section 43-6-9, relating to license requirement for auctioneers and apprentice auctioneers, a new subsection (c) to read as follows: (c) It shall be unlawful for any company, directly or indirectly, to engage in, conduct, advertise, hold itself out as engaging in or conducting the business of auctioning without first being registered by the commission, unless such company is exempted from obtaining a license pursuant to Code Section 43-6-24. Section 3. Said chapter is further amended by adding between Code Sections 43-6-11 and 43-6-12 a new Code Section 43-6-11.1 to read as follows: 43-6-11.1. (a) No company shall be registered to engage in the business of auctioning unless such company furnishes to the commission: (1) A completed application form as prescribed by the commission; (2) Satisfactory evidence approved by the commission that the company employs or shall employ an auctioneer licensed under the provisions of this chapter to conduct any auctions in this state; (3) Satisfactory evidence of a surety bond, in a form approved by the commission, in the amount of $50,000.00 which shall be made payable to the commission and conditioned on the company's conducting its business in accordance with this chapter; and

Page 599

(4) If such company is a foreign corporation, satisfactory evidence approved by the commission that such company is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14. (b) A company owned by or employing one or more fulltime auctioneers licensed by the commission may be exempt from subsection (a) of this Code section, provided that such company is directly supervised by a licensed auctioneer. Section 4. Said chapter is further amended by striking in its entirety Code Section 43-6-12, relating to reciprocity, which reads as follows: 43-6-12. (a) In connection with the application of a nonresident of this state for a license as an auctioneer or apprentice auctioneer, the commission may accept, in lieu of the qualifications otherwise required, the license as auctioneer or apprentice auctioneer issued to the applicant by the proper authority of the state of his domicile upon the payment by the applicant of the proper license fee and the filing with the commission of a duly certified copy of the license issued to the applicant by the other state. This Code section shall only apply to licensed auctioneers and apprentice auctioneers of those states under the laws of which similar recognition and courtesies are extended to licensed auctioneers and apprentice auctioneers of this state and if the licensing requirements of such state include the passing of an examination of equal or higher standards than those required by this state. (b) Should such nonresident licensee become a resident of this state or desire to maintain a place of business in this state, he must secure a regular resident license in compliance with this article and rules of the commission governing original resident applicants, provided that, if another state requires a resident of this state to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this state and need not secure a regular resident license to maintain such place of business in this state. (c) Prior to the issuance of a license to a nonresident auctioneer or apprentice auctioneer, such nonresident shall

Page 600

file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail to the last known business address of the licensee. (d) Nonresident licenses granted under reciprocal agreements, as provided for in this Code section, shall remain in force unless suspended or revoked by the commission for just cause or for failure to pay the renewal fee and only as long as a reciprocal agreement is in effect between this state and the resident state of the nonresident licensee. (e) Any nonresident who is a resident of a state without a license law may obtain a nonresident license by meeting the age requirements and passing the auctioneer's examination provided for by Code Section 43-6-11. Such nonresident license shall be subject to the same requirement as other nonresident licenses under this Code section., and inserting in lieu thereof the following: 43-6-12. (a) Persons licensed as auctioneers under the laws of any other state having requirements similar to those in this chapter may, in the discretion of the commission, be issued a license to practice as an auctioneer in this state without written examination upon the payment of a fee as required by the commission. (b) Any applicant who is a resident of a state which does not prescribe qualifications for licensure similar to those

Page 601

in this chapter may, in the discretion of the commission, qualify to take the examination without having completed the apprenticeship requirement, provided that such applicant exhibits to the commission that his experience and competency meet a minimum level equivalent to apprentice experience as prescribed in this chapter and by the commission in its rules. (c) Prior to the issuance of a license to a nonresident auctioneer or apprentice auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail to the last known business address of the licensee. Section 5. Said chapter is further amended by adding at the end of Code Section 43-6-13, relating to license fees, a new subsection (e) to read as follows: (e) Notwithstanding any other fee prescribed in this chapter, a company shall be required to pay registration and renewal fees in an amount established by the commission. Section 6. Said chapter is further amended by adding between Code Sections 43-6-18 and 43-6-19 a new Code Section 43-6-18.1 to read as follows: 43-6-18.1. After notice and opportunity for hearing as provided in Code Section 43-6-19, the commission, in its discretion,

Page 602

may sanction, as provided in Code Section 43-1-19 and Code Section 43-6-18, a company registered or required to be registered in accordance with this chapter. Section 7. Said chapter is further amended by striking in its entirety Code Section 43-6-24, relating to exceptions, and inserting in lieu thereof a new Code Section 43-6-24 to read as follows: 43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor, or any such person acting under order of any court, nor to attorneys at law licensed by this state; nor shall this chapter apply to a trustee acting under a trust agreement, deed of trust, or will; nor shall this chapter apply to sales at auction conducted by or under the direction of any public authority or state or governmental agency, or pursuant to any judicial order or decree. This chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. This chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real, provided that such property is the personal or real property of said person and has not been purchased with the intent of auctioning for a profit. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101. Section 8. Said chapter is further amended by adding between Code Sections 43-6-25 and 43-6-26 a new Code Section 43-6-25.1 to read as follows: 43-6-25.1. Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this chapter unless such auctioneer has been approved for licensure by the commission as required in this chapter.

Page 603

Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GEOLOGISTS STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS; MEETINGS; POWERS AND DUTIES; CODE OF PROFESSIONAL CONDUCT; CERTIFICATES; SUBPOENAS; COMPLAINTS; TERMINATION DATE. Code Title 43, Chapter 19 Amended. No. 607 (House Bill No. 383). AN ACT To amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, known as the Registration of Geologists Act of 1975, so as to change the provisions relating to the State Board of Registration for Professional Geologists; to change the provisions relating to meetings of the board; to change the provisions relating to the powers and duties of the board; to change the provisions relating to records; to repeal a provision relating to a code of professional conduct; to change the provisions relating to applicants for registration; to change the provision relating to qualifications of applicants; to change the provisions relating to the issuance of certificates; to change the provisions relating to the denial, suspension, or revocation of certificates; to repeal a provision relating to the reissuance of certificates; to change the provisions relating to certification in a specialty; to repeal a provision relating to subpoenas; to repeal a provision relating to filing of complaints; to change the provisions relating to the construction of the chapter; to change the date of termination of the State Board of Registration for Professional Geologists and for the repeal of the chapter; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 604

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 19 of Title 43 of the Official Code of Georgia Annotated, known as the Registration of Geologists Act of 1975, is amended by striking subsections (c) through (f) of Code Section 43-19-4, relating to the State Board of Registration for Professional Geologists, in their entirety and substituting in lieu thereof new subsections (c) through (f) to read as follows: (c) Each member of the board shall be a citizen of the United States and a resident of the State of Georgia. (d) The members of the board provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor for terms of five years and until their successors are appointed and qualified. The members of the board holding office on June 30, 1987, shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. On the expiration of the term of any member, the member's successor shall be appointed in like manner by the Governor for a term of five years. (e) No person shall serve as a member of the board for more than one consecutive five-year term. (f) The Governor may remove any member of the board pursuant to the authority of Code Section 43-1-17. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this chapter. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 43-19-5, relating to meetings of the board, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board shall hold such meetings as may be necessary for it to carry out its duties under this chapter. An affirmative vote of a majority of the members present shall be necessary to transact business.

Page 605

Section 3 . Said chapter is further amended by striking Code Section 43-19-6, relating to the powers and duties of the board, and substituting in lieu thereof a new Code Section 43-19-6 to read as follows: 43-19-6. In addition to other powers and duties specified in this chapter, the board shall: (1) Adopt and amend rules and regulations which may be reasonably necessary for this chapter and the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; (2) Adopt and have an official seal; (3) Issue, renew, and reinstate the certificates of duly qualified persons; (4) Initiate investigations for the purpose of discovering violations of this chapter; (5) Conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter; (6) Adopt a code of professional conduct; and (7) Have such other powers and duties as are necessary to effectuate this chapter. Section 4 . Said chapter is further amended by striking Code Section 43-19-8, relating to records of the board, in its entirety and substituting in lieu thereof a new Code Section 43-19-8 to read as follows: 43-19-8. All official records of the board, or affidavits by the joint-secretary as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein. Section 5 . Said chapter is further amended by repealing Code Section 43-19-9, which reads as follows:

Page 606

43-19-9. The board shall cause to have prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under this chapter and which shall be published in the roster provided for in this chapter. Such publication shall constitute due notice to all registrants. The board may revise and amend this code of ethics from time to time and shall immediately notify each registrant in writing of such revisions or amendments., in its entirety and substituting in lieu of said repealed Code Section the following: 43-19-9. Reserved. Section 6 . Said chapter is further amended by striking Code Section 43-19-11, relating to applications for registration, in its entirety and substituting in lieu thereof a new Code Section 43-19-11 to read as follows: 43-19-11. An application for registration as a geologist or certification in a specialty shall be made under oath and shall show the applicant's education and a detailed summary of his geologic work. The application shall be accompanied by an application fee fixed by the board. Section 7 . Said chapter is further amended by striking paragraphs (2) and (3) of Code Section 43-19-12, relating to qualifications of applicants, in their entirety and substituting in lieu thereof new paragraphs (2) and (3) to read as follows: (2) Have graduated from an accredited college or university which has been approved by the board with a major in either geology, engineering geology, or geological engineering; or have completed 45 quarter hours or the equivalent in geological science courses leading to a major in geology, of which at least 36 quarter hours or the equivalent were taken in the third or fourth year or in graduate courses; (3) Have at least seven years of professional geological work which shall include a minimum of three years of professional geological work under the supervision of

Page 607

a registered geologist or a registered civil engineer. The following criteria of education and experience qualify, as specified, toward accumulation of the required seven years of professional geological work: (A) Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study shall count as a year of training; (B) Credit for undergraduate study, graduate study, and graduate courses, individually or in any combination thereof, shall in no case exceed a total of four years toward meeting the requirements for at least seven years of professional geological work as set forth above; (C) The board may consider, in lieu of the above professional geological work as set out in this paragraph, the cumulative total of professional geological work or geological research of persons teaching at the college or university level, provided that such work or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements required; (D) The ability of the applicant shall have been demonstrated by his having performed the work in a responsible position as determined by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it; and. Section 8 . Said chapter is further amended by striking subsection (a) of Code Section 43-19-15, relating to issuance of certificates of registration, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board shall issue a certificate of registration, upon payment of the registration fee as fixed by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. The issuance

Page 608

of a certificate of registration by the board shall be primafacie evidence that the person named therein is entitled to all the rights and privileges of a registered geologist while the certificate remains unrevoked or unexpired. Section 9. Said chapter is further amended by striking Code Section 43-19-16, relating to the denial, suspension, or revocation of certificates of registration, in its entirety and substituting in lieu thereof a new Code Section 43-19-16 to read as follows: 43-19-16. (a) The board shall have the authority to refuse to grant a certificate to an applicant therefor or to revoke or suspend the certificate of a person registered by the board or to discipline a person registered by the board as provided in Code Section 43-1-19. (b) The action by the board in granting or refusing to grant or renew a certificate under this chapter or in revoking or suspending or in refusing to revoke or suspend such a certificate may be appealed in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' to the superior court of the county in which the office of the joint-secretary is located; provided that, if the findings of the board are supported by any evidence, such findings shall be accepted by the court. Section 10. Said chapter is further amended by repealing Code Section 43-19-17, which reads as follows: 43-19-17. The board, by majority vote of a quorum, may reissue a certificate of registration to any person whose certificate has been revoked upon written application to the board by the applicant showing good cause to justify such reissuance., in its entirety and substituting in lieu of said repealed Code section the following: 43-19-17. Reserved. Section 11. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 43-19-18, relating

Page 609

to certification in a specialty, in its entirety and substituting in lieu thereof a new paragraph (1) of subsection (b) to read as follows: (1) A minimum of three years performed under the supervision of a geologist registered and certified in the specialty for which he is seeking certification or under the supervision of a registered civil engineer if the applicant is seeking registration as an engineering geologist; or. Section 12. Said chapter is further amended by repealing Code Section 43-19-21, which reads as follows: 43-19-21. In carrying into effect this chapter, the board or its hearing examiner may compel the attendance of witnesses and the production of such books, records, and papers as may be required. For this purpose, the board or the hearing examiner, at the request of any party or on its own initiative, shall issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers. Subpoenas shall be issued and enforced in accordance with paragraph (7) of subsection (a) of Code Section 50-13-13., in its entirety and substituting in lieu of said repealed Code section the following: 43-19-21. Reserved. Section 13. Said chapter is further amended by repealing Code Section 43-19-23, which reads as follows: 43-19-23. Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or misconduct against any registrant. Such charges shall be in writing, shall be sworn to by the person or persons making them, and shall be filed with the joint-secretary., in its entirety and substituting in lieu of said repealed Code section the following: 43-19-23. Reserved. Section 14. Said chapter is further amended by striking subsection (c) of Code Section 43-19-25, relating to construction

Page 610

of the chapter, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) This chapter shall not be construed to prevent or to affect: (1) The practice of any profession or trade for which a license is required under any other law of this state; the practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering, and other professional engineering as provided in this title; or licensed architects from lawfully practicing architecture as provided in this title; or (2) The practice of a person who is not a resident of and has no established place of business in this state or who has recently become a resident hereof practicing or offering to practice the profession of geology herein for more than 90 days in any calendar year if the person shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for registration. Section 15. Said chapter is further amended by striking Code Section 43-19-28, relating to the termination of the State Board of Registration for Professional Geologists and the repeal of the chapter, in its entirety and substituting in lieu thereof a new Code Section 43-19-28 to read as follows: 43-19-28. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Professional Geologists shall be terminated on July 1, 1993, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 16. This Act shall become effective on June 30, 1987.

Page 611

Section 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PENAL INSTITUTIONS JAIL INMATES; POSSESSION OF CONTROLLED SUBSTANCES, DANGEROUS DRUGS, MARIJUANA, ALCOHOLIC BEVERAGES, GUNS, PISTOLS, OR WEAPONS. Code Section 42-4-13 Enacted. No. 608 (House Bill No. 17). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of certain controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-4-13, to read as follows: 42-4-13. (a) As used in this Code section, the term: (1) `Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

Page 612

(2) `Controlled substance' means a drug, substance, or immediate precursor in Schedules III through V of Code Sections 16-13-27 through 16-13-29. (3) `Dangerous drug' has the same meaning as defined by Code Section 16-13-71. (b) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or any marijuana in a quantity of one ounce or less. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (3) Notwithstanding the provisions of this subsection, possession of marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16. (c) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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TORTS PRODUCT LIABILITY; STATUTE OF LIMITATIONS FOR ACTIONS CLAIMING NEGLIGENCE. Code Section 51-1-11 Amended. No. 609 (House Bill No. 29). AN ACT To amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to required privity to support tort actions and limitations on product liability actions, so as to provide that the ten-year period following a first sale which limits a product liability action shall also limit an action claiming negligence; to make certain exceptions; to provide for the applicability to the duty to warn; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to required privity to support tort actions and limitations on product liability actions, is amended by adding at the end thereof a new subsection, to be designated subsection (c), to read as follows: (c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GENERAL ASSEMBLY DISRUPTING OR PREVENTING SESSIONS OR MEETINGS; ENTERING CAPITOL WITH WEAPONS; OBSTRUCTING STREETS, HALLWAYS, AND OFFICES; ENTERING CHAMBERS OR GALLERIES. Code Section 16-11-34.1 Enacted. No. 610 (House Bill No. 126). AN ACT To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof; to prohibit persons from entering, occupying, or remaining within the state capitol building or certain other buildings while in the possession of any firearm, certain knives, explosive or incendiary devices or compounds, bludgeons, metal knuckles, or other dangerous or deadly weapons, instruments, or devices; to prohibit the obstruction of certain streets, sidewalks, hallways, offices, or other passageways; to prohibit certain persons from entering or remaining upon the floor of the Senate or the floor of the House of Representatives or within certain other areas; to provide for exceptions; to prohibit certain entries into the galleries of the Senate and the House of Representatives; to prohibit certain disruptive activities, parades, demonstrations, or picketing in certain areas; to provide for penalties; to provide for intent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding, following Code Section 16-11-34, a new Code Section 16-11-34.1 to read as follows: 16-11-34.1. (a) It shall be unlawful for any person recklessly or knowingly to commit any act which may reasonably be expected to prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof. (b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm, knife designed for the purpose of offense and defense, explosive or incendiary device or compound, bludgeon, metal knuckles, or any other dangerous or deadly weapon, instrument, or device. (c) It shall be unlawful for any person purposely or recklessly and without authority of law to obstruct any street, sidewalk, hallway, office, or other passageway in that area designated as Capitol Square by Code Section 50-2-28 in such a manner as to render it impassable without unreasonable inconvenience or hazard or to fail or refuse to remove such obstruction after receiving a reasonable official request or the order of a peace officer to do so. (d) It shall be unlawful for any person willfully and knowingly to enter or to remain upon the floor of the Senate or the floor of the House of Representatives or within any cloakroom, lobby, or anteroom adjacent to such floor unless such person is authorized, pursuant to the rules of the Senate or House of Representatives or pursuant to authorization given by the Senate or House of Representatives, to enter or remain upon the floor or within such area.

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(e) It shall be unlawful for any person willfully and knowingly to enter or to remain in the gallery of the Senate or the gallery of the House of Representatives in violation of rules governing admission to such gallery adopted by the Senate or the House of Representatives or pursuant to authorization given by such body. (f) It shall be unlawful for any person willfully and knowingly to enter or to remain in any room, chamber, office, or hallway within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof with intent to disrupt the orderly conduct of official business or to utter loud, threatening, or abusive language or engage in any disorderly or disruptive conduct in such buildings or areas. (g) It shall be unlawful for any person to parade, demonstrate, or picket within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof with intent to disrupt the orderly conduct of official business or to utter loud, threatening, or abusive language or engage in any disorderly or disruptive conduct in such buildings or areas. (h) (1) Any person violating this Code section for the first time shall be guilty of a misdemeanor. (2) Any person violating this Code section for the second time shall be guilty of a misdemeanor of a high and aggravated nature. (3) Any person violating this Code section for the third or any subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years. (i) The enactment of this Code section shall not repeal any other provision of law proscribing or regulating any conduct otherwise prohibited by this Code section.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CRIMES AND OFFENSES AGGRAVATED CHILD MOLESTATION; DEFINITION; PENALTY. Code Section 16-6-4 Amended. No. 611 (House Bill No. 189). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors; to change certain descriptions of offenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-4, relating to child molestation, in its entirety and inserting in lieu thereof a new Code Section 16-6-4 to read as follows: 16-6-4. (a) A person commits the offense of child molestation when he does any immoral or indecent act to or in the presence of or with any child under the age of 14 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b) A person convicted of the offense of child molestation shall be punished by imprisonment for not less than one

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nor more than 20 years. Upon a first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment; provided, further, that upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of child molestation, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) A person commits the offense of aggravated child molestation when he commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than two nor more than 30 years. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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TORTS HOMICIDE OF A CHILD; JUDGMENTS; APPORTIONMENT BETWEEN PARENTS WHO ARE DIVORCED, SEPARATED, OR LIVING APART. Code Section 19-7-1 Amended. No. 612 (House Bill No. 203). AN ACT To amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental powers and recovery for the homicide of a child, so as to provide that a judgment in a case of the homicide of a child awarded to parents who are divorced, separated, or living apart may be apportioned fairly between such parents; to provide for a motion for apportionment of such judgment; to provide for a hearing; to provide procedures; to provide that a judge's decision may not be disturbed absent an abuse of discretion; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental powers and recovery for the homicide of a child, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) (1) In every case of the homicide of a child, minor or sui juris, there shall be some party entitled to recover the full value of the life of the child, either as provided in this Code section or as provided in Chapter 4 of Title 51. (2) If the deceased child does not leave a spouse or child, the right of recovery shall be in the parent or parents, if any, given such a right by this paragraph. (A) If the parents are living together and not divorced, the right shall be in the parents jointly.

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(B) If either parent is deceased, the right shall be in the surviving parent. (C) If both parents are living but are divorced, separated, or living apart, the right shall be in both parents. However, if the parents are divorced, separated, or living apart and one parent refuses to proceed or cannot be located to proceed to recover for the wrongful death of a child, the other parent shall have the right to contract for representation on behalf of both parents, thereby binding both parents, and the right to proceed on behalf of both parents to recover for the homicide of the child with any ultimate recovery to be shared by the parents as provided in this subsection. Unless a motion is filed as provided in paragraph (6) of this subsection, such a judgment shall be divided equally between the parents by the judgment; and the share of an absent parent shall be held for such time, on such terms, and with such direction for payment if the absent parent is not found as the judgment directs. Payment of a judgment awarded to the parent or parents having the cause of action under this subparagraph or the execution of a release by a parent or parents having a cause of action under this subparagraph shall constitute a full and complete discharge of the judgment debtor or releasee. If, after two years from the date of any recovery, the share of an absent parent has not been paid to the absent parent, the other parent can petition the court for the funds, and the recovery, under appropriate court order, shall be paid over to the parent who initiated the recovery. (3) The intent of this subsection is to provide a right of recovery in every case of the homicide of a child who does not leave a spouse or child. If, in any case, there is no right of action in a parent or parents under the above rules, the right of recovery shall be determined by Code Section 51-4-5. (4) In this subsection the terms `homicide' and `full value of the life' shall have the meaning given them in Chapter 4 of Title 51.

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(5) In actions for recovery, the illegitimacy of the child shall be no bar to recovery. (6) For cases in which the parents of a deceased child are divorced, separated, or living apart, a motion may be filed by either parent prior to trial requesting the judge to apportion fairly any judgment amounts awarded in the case. Where such a motion is filed, a judgment shall not be automatically divided. A post-judgment hearing shall be conducted by the judge at which each parent shall have the opportunity to be heard and to produce evidence regarding that parent's relationship with the deceased child. The judge shall fairly determine the percentage of the judgment to be awarded to each parent. In making such a determination, the judge shall consider each parent's relationship with the deceased child, including permanent custody, control, and support, as well as any other factors found to be pertinent. The judge's decision shall not be disturbed absent an abuse of discretion. Section 2. This Act shall become effective July 1, 1987, and shall apply to causes of action arising on or after such date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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SUPERIOR COURTS ADMINISTRATIVE SERVICES; CONTRACTS; COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA. Code Section 15-5-60 Enacted. No. 613 (House Bill No. 212). AN ACT To amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record generally, so as to provide for a funding mechanism for the provision of certain administrative services by the Department of Administrative Services to the superior courts 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. Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record generally, is amended by inserting a new Article 5 to read as follows: ARTICLE 5 15-5-60. The Council of Superior Court Judges of Georgia shall be authorized to contract with the Department of Administrative Services or other agency of state government, from funds appropriated or otherwise available for the operation of the superior courts of the state, to provide such administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ALCOHOLIC BEVERAGES DISTILLED SPIRITS; LICENSED RETAIL DEALERS; SIGNS; TRADE NAMES. Code Section 3-4-3 Enacted. No. 614 (House Bill No. 335). AN ACT To amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions affecting distilled spirits, so as to authorize the display of a sign bearing the trade name of a licensed retail dealer and related items on the outside of the business premises; to provide for an additional sign not affixed to the building; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions affecting distilled spirits, is amended by adding at the end thereof a new Code section, to be designated Code Section 3-4-3, to read as follows: 3-4-3. A licensed retail dealer in distilled spirits may display at his place of business unilluminated signs, using letters not larger than eight inches in height, flat against the outside of the building, below the roof line, bearing the words `liquor,' `beer,' `wine,' `champagne,' or any combination thereof, and `package store' or `liquor store,' together with the trade name of the retail dealer. In addition to such signs flat against the outside of the building, the retail dealer may display at a location on the tract of property upon which the business is located, but not affixed to the building, one unilluminated sign using letters not larger than eight inches in height bearing the words `package store' or `liquor store' and the trade name of the retail dealer. Subject to any more restrictive size limitations contained in the ordinances of the political subdivision in which the place of business is located, a sign not affixed to the building may be no larger than 16 square feet in area.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CRIMES AND OFFENSES POSSESSION OF A FIREARM OR KNIFE DURING COMMISSION OF OR ATTEMPT TO COMMIT CRIMES; ARM'S REACH. Code Section 16-11-106 Amended. No. 615 (House Bill No. 365). AN ACT To amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to clarify that such firearm or knife must be on or within arm's reach of the person; to change certain crimes to which such firearm or knife restriction applies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, is amended by striking in its entirety subsection (b) of said Code section and inserting in its place a new subsection (b) to read as follows: (b) Any person who shall have on or within arm's reach of his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:

Page 625

(1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLES AND TRAFFIC CERTIFICATES OF TITLE FOR REBUILT, SALVAGED, OR RESTORED MOTOR VEHICLES; INSPECTIONS; FEES FOR EMISSIONS INSPECTIONS. Code Sections 40-3-35.1 and 40-8-159 Amended. Code Section 40-3-35.2 Repealed. No. 616 (House Bill No. 380). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to certificates of title on rebuilt, salvaged, or restored motor vehicles; to provide that the state revenue commissioner shall have the responsibility for inspections in connection therewith; to repeal a provision relating to the duty of the Georgia Bureau of Investigation to make such inspections; to provide for other matters relative to the foregoing; to change the provisions relating to the fee which may be charged for an emission inspection; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-3-35.1, relating to certificates of title for rebuilt, salvaged, or restored motor vehicles, and inspections in connection therewith, in its entirety and substituting in lieu thereof a new Code Section 40-3-35.1 to read as follows: 40-3-35.1. (a) As used in this Code section, the term `application for a certificate of title on a salvaged or rebuilt motor vehicle' means: (1) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked `salvage' pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired; (2) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title

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is marked `salvage,' `rebuilt,' or `restored,' or any similar such phrase; or (3) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked `salvage' pursuant to subsection (e) of Code Section 40-3-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word `rebuilt' is permanently affixed as required by subsection (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section. (2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) (1) (A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate

Page 628

of title may be issued for such motor vehicle which shall contain the word `rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word `salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle. (B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall, prior to the inspection by the commissioner, cause the word `rebuilt' to be permanently affixed to said motor vehicle. The word `rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word `rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked `salvage' shall make application for and obtain a

Page 629

certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. Section 2 . Said title is further amended by repealing Code Section 40-3-35.2, which reads as follows: 40-3-35.2. It shall be the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section. in its entirety. Section 3 . Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 40-8-159, relating to the certification of motor vehicle emission inspection stations, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A fee of not less than $7.50 nor more than $10.00 shall be charged by each emission inspection station for performance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station shall be required to remit to the commissioner an administrative fee of 50, one-half of which shall be a county administrative fee, for each certificate of emission inspection issued, and the commissioner shall remit quarterly the county portion of such administrative fees to the county governing authorities of the counties wherein the inspections were performed;. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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CORONERS MAYORS OF MUNICIPALITIES OF 5,000 OR LESS; SIMULTANEOUS SERVICE AS CORONERS. Code Section 45-16-1 Amended. No. 617 (House Bill No. 452). AN ACT To amend Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election and qualifications of coroners, so as to provide that a person holding office as the mayor of a municipality with a population of 5,000 or less is specifically authorized to simultaneously serve as a coroner; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election and qualifications of coroners, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) Notwithstanding any other provision of law, any person holding office as the mayor of a municipality with a population of 5,000 or less is specifically authorized to simultaneously serve as coroner; and any person holding the office of coroner is specifically authorized to simultaneously serve as mayor of a municipality with a population of 5,000 or less. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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AIRPORTS LEASE OF PROPERTY IN COUNTIES OF 550,000 OR MORE; TAXABLE ESTATE FOR YEARS. Code Section 6-3-25 Amended. No. 618 (House Bill No. 455). AN ACT To amend Code Section 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, so as to provide that such political subdivisions shall have the authority to lease portions of such property lying within any county having a population of 550,000 or more persons for an initial term of up to 50 years to private parties for development of such property for hotels and related facilities, conference centers, office buildings, and commercial and retail uses, and other similar airport and travel related purposes; to provide that a lessee acquires a taxable estate for years and not a nontaxable usufruct; to provide exceptions to such leasing authority; 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 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, is amended by striking the period at the end of paragraph (3) and inserting in its place ; and and by adding at the end of said Code section a new paragraph, to be designated paragraph (4), to read as follows: (4) Lease portions of such property lying within any county having a population of 550,000 or more persons according to the United States decennial census of 1980 or any future such census for an initial term of up to 50 years, and to extend such leases, to private parties for development of such property for hotels and related facilities, conference centers, office buildings, commercial and retail uses, and other similar airport and travel related purposes, provided that:

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(A) A lease under this paragraph shall expressly grant and convey to the lessee a taxable estate for years in both the property and any improvements upon such property as may be constructed and shall not grant or convey a nontaxable usufruct in either the property or the improvements upon such property; and (B) The leasing authority granted under this paragraph shall not extend to property acquired for airport noise mitigation purposes pursuant to the former Airport and Airway Development Act of 1970 (49 U.S.C. Section 1701, et seq.), as amended, or the Airport and Airway Improvement Act of 1982 (49 U.S.C. Section 2201, et seq.), as amended. 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 repealed. Approved April 2, 1987. ILLEGITIMATE CHILDREN INHERITING FROM FATHER. Code Section 53-4-4 Amended. No. 619 (House Bill No. 498). AN ACT To amend Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by illegitimates and their offspring, so as to provide that an illegitimate child may inherit from or through the child's father if the father executed a sworn

Page 633

statement attesting to the parent-child relationship or if the father signed the birth certificate of the child; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by illegitimates and their offspring, is amended by striking in its entirety subsection (c), which reads as follows: (c) An illegitimate child may not inherit from or through his father or any paternal kin by reason of the paternal kinship unless, during the lifetime of the father and after the conception of the child, a court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law, or has otherwise entered a court order establishing the father of the illegitimate child. If such an order has been entered, an illegitimate child may inherit in the same manner as if legitimate from and through his father, from and through the other children of his father, and from and through any other paternal kin, whether collateral or lineal., and inserting in its place a new subsection (c) to read as follows: (c) (1) An illegitimate child may not inherit from or through his father or any paternal kin by reason of the paternal kinship unless, during the lifetime of the father and after the conception of the child: (A) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B) A court of competent jurisdiction has otherwise entered a court order establishing the father of the illegitimate child; (C) The father executed a sworn statement signed by him attesting to the parent-child relation-ship; or

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(D) The father signed the birth certificate of the child. (2) If one of the requirements of subparagraphs (A) through (D) of paragraph (1) of this subsection is fulfilled, an illegitimate child may inherit in the same manner as if legitimate from and through his father, from and through the other children of his father, and from and through any other paternal kin, whether collateral or lineal. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. CONSUMERS' UTILITY COUNSEL REPEAL OF LAW; DATE CHANGED. Code Section 46-10-9 Amended. No. 620 (House Bill No. 540). AN ACT To amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the date on which the laws relating to the consumers' utility counsel shall be repealed, so as to change the date on which the laws relating to the consumers' utility counsel shall be repealed; 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 46-10-9 of the Official Code of Georgia Annotated, relating to the date on which the laws relating

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to the consumers' utility counsel shall be repealed, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 46-10-9 to read as follows: 46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, 1988. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. REVENUE AND TAXATION EXCISE TAX ON ROOMS, LODGINGS, AND ACCOMMODATIONS. Code Section 48-13-51 Amended. No. 621 (House Bill No. 563). AN ACT To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change provisions relating to an exemption for accommodations furnished to government officials and employees traveling on official business; to require that a certain percentage of the taxes collected be expended for certain purposes; to increase the maximum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to provide that such purposes shall be the promotion of tourism, conventions, and trade shows and the support of certain convention and trade show facilities; to provide for the manner of expenditure through contracts with government and private

Page 636

nonprofit entities and otherwise; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied; to provide for different rates for such taxes during certain periods of time in certain counties and municipalities and for other matters pertaining thereto; to provide for determination of compliance and for audits; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) The governing authority of each county and of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3) and (4) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any

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rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3) and (4) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) of this subsection shall apply instead. (3) Notwithstanding the provisions of paragraph (1) of this subsection, a county or municipality may levy a tax under this Code section at a rate of 5 percent, and the aggregate amount of all taxes may be up to 10 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in the fiscal year during which the tax is first collected at a rate in excess of 3 percent and at all times thereafter) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated

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by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. (4) Notwithstanding any other provision of this subsection, a county having a population of more than 550,000 according to the 1980 decennial census or any future such census, or a municipality having a population of more than 400,000 according to the 1980 decennial census or any future such census may levy a tax under this Code section for one continuous three-year period at a rate of 6 percent, and the aggregate amount of all taxes during such three-year period may be up to 11 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected at a rate of 6 percent) an amount equal to at least 60 percent of the total taxes collected under this Code section for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation

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prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. Any county or municipality which has once levied a tax pursuant to this paragraph (4) for a three-year period shall, at the end of such period, be authorized to levy a tax in the manner and at the rate authorized by any other applicable provisions of this Code section but shall not thereafter be authorized to again levy a tax under this paragraph (4). (5) For purposes of this Code section, a `private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986. (6) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), or (4) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), or (4) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of

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paragraph (2), (3), or (4) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (7) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraphs (2), (3), and (4) of this subsection. (8) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (9) Any action by a local governing authority to increase the tax imposed under this Code section above 3 percent shall become effective no sooner than the first day of the second month following its adoption by the local governing authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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COUNTIES BIDS ON PUBLIC WORKS; EMERGENCY WAIVERS. Code Section 36-10-4 Amended. No. 622 (House Bill No. 606). AN ACT To amend Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to compliance with bid requirements for public works, so as to provide for a waiver of bid requirements in the event of an emergency; to provide procedures; 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 36-10-4 of the Official Code of Georgia Annotated, relating to compliance with bid requirements for public works, is amended by inserting immediately following paragraph (4) of subsection (c) of said Code section a new paragraph, to be designated paragraph (5), to read as follows: (5) The requirements of Code Sections 36-10-1 through 36-10-3 shall not apply to public works necessitated by an emergency maintenance requiring immediate repairs which the county determines to be an emergency. Any contract let pursuant to this paragraph shall be entered, as soon as practicable, on the minutes of the county governing authority, and the nature of the emergency shall be described therein. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT GENERAL OBLIGATION DEBT; PUBLIC LIBRARY FACILITIES; WATER AND SEWERAGE FACILITIES; INVESTMENTS; GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY; DUTIES; CONTRACTS. Code Sections 50-17-21, 50-17-24, and 50-17-27 Amended. No. 623 (House Bill No. 647). AN ACT To amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the Georgia State Financing and Investment Commission Act, so as to change the definition of the term general obligation debt as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities and to provide loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems; to provide that public debt may be incurred for the purpose of providing public library facilities for county and independent school systems and other governmental entities and for the purpose of providing loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems; to permit the investment of general obligation bond proceeds in certain unit investment trusts and mutual funds; to provide that the Georgia Environmental Facilities Authority shall be responsible for the application and investment of the proceeds and the investment earnings of general obligation debt issued for the purpose of making loans to local governments for water and sewerage facilities; to provide that the Georgia Environmental Facilities Authority shall contract with the Georgia State Financing and Investment Commission for the investment of bond proceeds or the income therefrom in investments permitted to the Georgia Environmental Facilities Authority or to the Georgia State Financing and Investment Commission; to clarify existing law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the Georgia State Financing and Investment Commission Act, is amended by striking paragraph (5) of Code Section 50-17-21, relating to the definition of terms used in said Act, and inserting in its place a new paragraph (5) to read as follows: (5) `General obligation debt' means obligations of this state issued pursuant to this article to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945, adopted November 8, 1960, for which the full faith, credit, and taxing power of the state are pledged for the payment thereof. `General obligation debt' also means obligations of this state issued to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems. `General obligation debt' further means debt incurred to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. Section 2. Said article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-24, relating to the purposes for which the Georgia State Financing and Investment Commission may incur public debt, and inserting in its place a new paragraph (3) to read as follows: (3) Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment,

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or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. General obligation debt may also be incurred to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems. General obligation debt may also be incurred in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance toll bridges, toll roads, or any other land public transportation facilities or systems, or water or sewage treatment facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes; provided, however, that in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treatment facilities or systems for counties or municipalities unless such facilities are financed in whole or in part through an instrumentality of the state created by the General Assembly for the purpose of assisting the state, counties, or municipalities in the financing of water or sewage treatment facilities or systems for the benefit of the citizens of Georgia. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable. Section 3. Said article is further amended by striking subsection (b) of Code Section 50-17-27, relating to proceeds of public

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debt, and inserting in its place a new subsection to read as follows: (b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments 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 to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission.

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Section 4. Said article is further amended by adding at the end of Code Section 50-17-27, relating to proceeds of public debt, a new subsection (c) to read as follows: (c) Notwithstanding subsections (a) and (b) of this Code section, the Georgia Environmental Facilities Authority shall be the state authority responsible for the proper application of the proceeds of public debt issued under this article for the purpose of making loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. Proceeds from the sale of such bonds shall be paid to the authority, which shall hold them in trust for their original purposes as set forth in the authorization of the General Assembly, as provided by law and in accordance with the rules and regulations established by the authority. Bond proceeds held by the authority shall be as fully invested as is practicable, consistent with the proper application of such proceeds for the purposes intended, and the authority shall contract with the Georgia State Financing and Investment Commission for the purpose of investing any such bond proceeds and the income therefrom. Investments shall be limited to those permitted to the authority or the Georgia State Financing and Investment Commission in the laws providing for their creation and activities. Income earned on any such investments of bond proceeds or the income therefrom shall be retained by the authority and used by it for its public purposes as provided by law. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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ELECTIONS PAUPER'S AFFIDAVIT; QUALIFYING PETITIONS. Code Sections 21-2-132, 21-2-153, and 21-2-172 Amended. No. 624 (House Bill No. 654). AN ACT To amend Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, so as to provide that certain candidates shall not be authorized to file a pauper's affidavit in lieu of paying certain qualifying fees unless such candidates have filed qualifying petitions; to provide for requirements and procedures for signing, filing, amending, or supplementing such petitions; to provide for the form and contents of such petitions; to authorize certain candidates nominated by convention of political bodies to file paupers' affidavits and qualifying petitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, is amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy and payment of qualifying fees, and inserting in its place new subsections (f) and (g) to read as follows: (f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 by any candidate who has filed a qualifying petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the State Election Board and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the

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assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected.

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(2) Each person signing a qualifying petition shall declare therein that he is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business, or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His residence address, giving municipality with street and number, if any; (B) That each signer manually signed his own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and

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(D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit. (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same. (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. Section 2. Said article is further amended by striking subsection (a) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place new subsections (a) and (a.1) to read as follows: (a) A candidate for any party nomination in a primary may qualify by either of the two following methods: (1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or (2) (A) The submission of a pauper's affidavit by any candidate who has filed a qualifying petition as provided for in subsection (a.1) of this Code section, by which the candidate under oath affirms his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the State Election Board and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form

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prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (B) If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit and financial statement shall be presented to the county political party; otherwise, the candidate shall file his pauper's affidavit and financial statement with the state political party. (a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon statewide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such

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petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. (2) Each person signing a qualifying petition shall declare therein that he is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business, or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His residence address, giving municipality with street and number, if any; (B) That each signer manually signed his own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and

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(D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit. (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same. (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. Section 3. Said article is further amended by striking subsection (d) of Code Section 21-2-172, relating to nomination of presidential electors and candidates of political bodies by convention, and inserting in its place a new subsection (d) to read as follows: (d) Any candidate nominated by convention shall be required to pay to the person with whom he files his notice of candidacy the same qualifying fee or the same pauper's affidavit and qualifying petition as that required of other candidates for the same office. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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PROBATION SPECIAL ALTERNATIVE INCARCERATION; PROBATED SENTENCES OF NOT LESS THAN ONE YEAR. Code Section 42-8-35.1 Amended. No. 626 (House Bill No. 800). AN ACT To amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to a condition of probation known as special alternative incarceration, so as to provide that a trial judge may specify such condition in any probated sentence of not less than one year; 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 42-8-35.1 of the Official Code of Georgia Annotated, relating to a condition of probation known as special alternative incarceration, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced for offenses committed on or after January 1, 1984, to a period of time of not less than one year on probation as a condition of probation must satisfactorily complete a program of incarceration in a `special alternative incarceration' unit of the department for a period of 90 days from the time of initial incarceration in the unit. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLES AND TRAFFIC LICENSE PLATES; WAIVER OF FEE FOR MAILING; CERTIFICATES OF TITLE; VEHICLES NOT FOR HIGHWAY USE. Code Sections 40-2-28 and 40-3-4 Amended. No. 627 (House Bill No. 811). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to the regulation of motor vehicles and traffic, so as to authorize the governing authority of a county to waive the additional fee charged for the purchase of license plates or revalidation decals by mail; to exclude from the requirement of obtaining a certificate of title vehicles which are not sold for the purpose of lawful highway use; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to the regulation of motor vehicles and traffic, is amended by striking Code Section 40-2-28, relating to the purchase of license plates or revalidation decals by mail, and inserting in lieu thereof a new Code Section 40-2-28 to read as follows: 40-2-28. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee. Section 2. Said title is further amended by striking from the end of paragraph (14) of Code Section 40-3-4, relating to exclusions from the requirement of obtaining a vehicle certificate

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of title, the word or, by striking the period at the end of paragraph (15) thereof and inserting in its place ;or, and by adding at the end of said Code section a new paragraph, to be designated paragraph (16), to read as follows: (16) A vehicle which is not sold for the purpose of lawful highway use. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. HEALTH PEER REVIEW GROUPS; REHABILITATION SUPPLIERS. Code Section 31-7-131 Amended. No. 628 (House Bill No. 839). AN ACT To amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to amend the definition of the term professional health care provider to include rehabilitation suppliers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, is amended by striking paragraph (2) of Code Section 31-7-131, relating to the definition of the term professional health care provider, and inserting in lieu thereof a new paragraph (2) to read as follows:

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(2) `Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations: (A) A physician; (B) A dentist; (C) A podiatrist; (D) A chiropractor; (E) An optometrist; (F) A psychologist; (G) A pharmacist; (H) A registered or practical nurse; (I) A physical therapist; (J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; (K) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility; and (L) A rehabilitation supplier registered with the State Board of Workers' Compensation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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MOTOR VEHICLE LICENSE PLATES AUGUSTA COLLEGE; PAINE COLLEGE; RENEWAL OR REVALIDATION OF SPECIAL LICENSE PLATES AFTER DECEMBER 31, 1989. Code Sections 40-2-29.01, 40-2-29.17, and 40-2-29.18 Enacted. No. 629 (House Bill No. 873). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the founding of Augusta College and special license plates to commemorate the founding of Paine College, and to commemorate the founding of Paine College; to provide for certain renewal or revalidation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately following Code Section 40-2-29.16 two new Code sections to read as follows: 40-2-29.17. (a) Augusta College having been founded in 1925 and Paine College having been founded in 1883, there shall be issued beginning in 1988 special license plates to commemorate the establishment of each college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Augusta College and special license plates to commemorate the founding of Paine College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing

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of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1988, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989. 40-2-29.18. (a) Paine College having been founded in 1883, there shall be issued beginning in 1988 special license plates to commemorate the establishment of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Paine College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1988, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989.

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Section 1A. Said article is further amended by adding a new Code Section 40-2-29.01, to read as follows: 40-2-29.01. Notwithstanding any other provision of this article to the contrary, in the event that the renewal or revalidation of any special license plate issued to commemorate any college, university, or institution and issued pursuant to any provision of this article is authorized for any time period on or after December 31, 1989, then all special plates issued to commemorate any college, university, or institution and issued pursuant to this article shall also be eligible for such renewal or revalidation upon request of the college, university, or institution commemorated by such special license plate. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. MOTOR VEHICLE LICENSE PLATESMEDICAL COLLEGE OF GEORGIA. Code Section 40-2-29.18 Enacted. No. 630 (House Bill No. 874). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the founding of the Medical College of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately following Code Section 40-2-29.17 a new Code section to read as follows: 40-2-29.18. (a) The Medical College of Georgia having been founded in 1828, there shall be issued beginning in 1988 special license plates to commemorate the establishment of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of the Medical College of Georgia. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1988, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY STATE EMPLOYEES' HEALTH INSURANCE; COVERAGE FOR AUTHORITY EMPLOYEES. Code Section 45-18-7.2 Enacted. No. 631 (House Bill No. 897). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Agrirama Development Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children; to provide for regulations; to provide for contributions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding, following Code Section 45-18-7.1, a new Code Section 45-18-7.2 to read as follows: 45-18-7.2. The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. GAME AND FISH WILDLIFE IMPORTATION PERMITS; NONRESIDENT COMMERCIAL FISHING LICENSES; FEES; CITIZENS OF CONTIGUOUS STATES. Code Sections 27-2-19 and 27-2-23 Amended. No. 632 (House Bill No. 1010). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits; to provide that such permits may be issued subject to conditions necessary to ensure adequate public safety and preserve the best interest of wildlife; to change the provisions relating to the fee for a nonresident commercial fishing license; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, is amended by striking in its entirety Code Section 27-2-19, relating to wildlife importation permits, and inserting in lieu thereof a new Code Section 27-2-19 to read as follows:

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27-2-19. It shall be unlawful to import any wildlife other than fish, pen raised ducks, pen raised turkey, and pen raised quail without obtaining, at no cost, a wildlife importation permit from the department. The department shall only issue such a permit when it has determined that the issuance of the permit is in the best interest of the wildlife of this state. If such a permit is issued, the department shall prescribe the term for each such permit and may impose any conditions it determines necessary to ensure adequate public safety and the best interests of the wildlife of this state. Section 2. Said chapter is further amended by striking in its entirety subparagraph (B) of paragraph (5) of Code Section 27-2-23, relating to license, permit, and stamp fees regarding game and fish, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Nonresident commercial fishing license Season 100.25 If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee has a nonresident commercial fishing license fee which substantially exceeds the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fee specified by this subparagraph, shall be authorized to increase the nonresident commercial fishing license fee, as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish commercially in that contiguous state. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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TAX EXECUTIONS LOCAL TAXES; PROCEDURES FOR REDUCING A TAX EXECUTION FOR LOCAL TAXES TO JUDGMENT. Code Sections 48-3-13 and 48-3-14 Amended. No. 633 (House Bill No. 188). AN ACT To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that tax collectors and tax commissioners may exercise the same authority and procedures for reducing a tax execution for local taxes to judgment as are available to the state revenue commissioner; to provide that this authority shall exist in actions against residents and nonresidents; 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. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by adding two new subsections at the end of Code Section 48-3-13, relating to procedures for petitioning to reduce tax execution to judgment, to read as follows: (c) When an execution for local taxes remains unsatisfied and an entry of nulla bona has been duly entered on the execution within the immediately preceding 30 day period and the tax collector or tax commissioner has reason to believe that the defendant in fi. fa. may have or may come into ownership of assets outside this state, the commissioner may petition the superior court of the county in which the defendant in fi. fa. maintains in this state a known residence, place of business, or agent to receive service for a rule to show cause why the unsatisfied tax execution should not be reduced to a final judgment of the superior court. (d) The petition shall name the defendant in fi. fa. as respondent in the action, shall set forth the jurisdiction of

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the superior court, and shall allege that an execution for local taxes has been duly issued by the tax collector or tax commissioner on behalf of the named county that an entry of nulla bona has been duly entered on the execution within the immediately preceding 30 day period, and that the tax collector or tax commissioner has reason to believe that the respondent may have or may come into ownership of assets outside this state. The petition shall demand that process issue to cause the respondent to appear and answer why the tax execution should not be reduced to a final judgment of the court; that the tax execution including, but stated separately, interest and penalties be reduced to a final judgment of the court; and, in the event that the final judgment is entered, that costs of the action be assessed against the respondent. A true copy of the tax execution shall be attached as an exhibit to the petition and the petition shall be verified under oath by the tax collector or tax commissioner to the best of his knowledge and belief. Section 2. Said chapter is further amended by adding three new subsections at the end of Code Section 48-3-14, relating to procedures for petitioning for reduction of tax execution against nonresident to judgment, to read as follows: (d) When a defendant in fi. fa. under Code Section 48-3-13 maintains no known residence, place of business, or agent to receive service in this state other than the Secretary of State, the sworn petition shall so allege and, in addition to the allegations prescribed in subsection (c) of Code Section 48-3-13, it shall further allege facts sufficient to show that the respondent personally or by employees or agents engaged in an act or activity within the named county giving rise to the liability or obligation for the payment or collection of the tax for which the tax execution was issued and that the act or activity was not insubstantial in its quality and nature in relation to the fair administration of law. The action shall be brought in the superior court of the county in which the respondent formerly maintained a known residence, place of business, or agent to receive service at the time the liability or obligation arose, if such was the case, or, otherwise, in the superior court of the county in which the act or activity giving rise to the tax liability or obligation took place. The petition shall demand service of process by

Page 667

publication as provided in subsection (e) of this Code section. (e) When it appears from the sworn petition that the respondent engaged personally or by employees or agents in an act or activity within the named county giving rise to the liability or obligation for the payment or collection of the tax for which the tax execution was issued, that the act or activity was not insubstantial in its quality or nature in relation to the fair administration of law, and that the respondent maintains no known residence, place of business, or agent to receive service in this state other than the Secretary of State, the superior court in which the action is pending shall order service to be perfected by publication in the paper in which sheriff's advertisements are printed. The notice shall be published once each calendar week for four consecutive weeks and shall be substantially as follows: IN THE SUPERIOR COURT OF..... COUNTY STATE OF GEORGIA

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(f) If the residence or place of business of the respondent in another state is known, the tax collector or tax commissioner shall send by registered or certified mail to the respondent at the known address a copy of the petition and order of service by publication and a copy of the newspaper in which each of the four notices is published with the notice plainly marked. When the Secretary of State of this state is appointed agent by law to receive service for a nonresident, a copy of the petition, of the order of service by publication, and of the newspaper in which each of the four notices is published with the notice plainly marked shall also be sent by the commissioner by registered or certified mail to the Secretary of State. The copy of the petition and order of service by publication shall be mailed within ten days after the issuance of the order. Each copy of the newspaper shall be mailed within ten days after its publication. Thereupon, the tax collector or tax commissioner shall file with the clerk of the superior court in which the action is pending a certificate of compliance with this subsection, which certificate shall be a part of the record of service in the case. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987.

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HONORABLE VIOLA ROSS NAPIER PORTRAIT PLACED IN THE STATE CAPITOL. No. 2 (House Resolution No. 25). A RESOLUTION Commending Honorable Viola Ross Napier and authorizing the placing of her portrait in the State Capitol Building; and for other purposes. WHEREAS, Honorable Viola Ross Napier held the distinction of being the first female member sworn into the Georgia House of Representatives and as such became the first woman commissioned to serve in the Georgia General Assembly; and WHEREAS, she served two consecutive terms of office from 1922 through 1925 representing the constituency of the City of Macon and Bibb County and sponsored progressive legislation to protect the rights of children in the work place and to support the less fortunate; and WHEREAS, her pioneering accomplishments also included being one of the first females to pass the State Bar of Georgia and being the first woman attorney to argue a case before the Georgia Supreme Court and the Georgia Court of Appeals; and WHEREAS, upon leaving the General Assembly, she became the first female city clerk of the City of Macon where she served for 27 years, a tenure unsurpassed before or since; and WHEREAS, the brilliant career and unparalleled accomplishments of this native Georgian command respect and esteem and deserve to be appropriately acknowledged and honored by the citizens of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body commends Honorable Viola Ross Napier and recognizes her outstanding accomplishments and contributions by directing that a portrait of this distinguished woman legislator be placed in the State Capitol Building.

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BE IT FURTHER RESOLVED that the Secretary of State is authorized and directed to conduct all the necessary matters relative to the purposes set out in this resolution and that the funds for this purpose be drawn from the funds appropriated to the Secretary of State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each of the four children of Honorable Viola Ross Napier. Approved April 2, 1987. METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE MEMBERSHIP. No. 3 (House Resolution No. 53). A RESOLUTION To amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved March 21, 1974 (Ga. L. 1974, p. 524), and a resolution approved February 24, 1975 (Ga. L. 1975, p. 30), so as to conform certain committee designations to existing designations; to provide for the payment of certain additional expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved March 21, 1974 (Ga. L. 1974, p. 524), and a resolution

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approved February 24, 1975 (Ga. L. 1975, p. 30), is amended by striking Section 1 thereof, relating to the creation of the committee, and inserting in its place a new section to read as follows: Section 1. There is hereby created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the following: the Chairman of the State Planning and Community Affairs Committee of the House; the Chairman of the Urban and County Affairs Committee of the Senate; the Chairman of the Ways and Means Committee of the House; a member of the Senate Banking and Finance Committee to be selected by the President of the Senate; two members of the House appointed by the Speaker, at least one of whom shall be from the area served by the Authority; two members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the Authority; and three members of the House of Representatives and three members of the Senate appointed by the Governor, at least two of whom shall be from the area served by the Authority. The appointed members of the Committee shall serve two-year terms concurrent with their terms as members of the General Assembly. 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 President of the Senate from the membership of the Committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the Committee shall be filled for the unexpired term in the same manner as the original appointment. The Committee shall periodically inquire into and review the operations, contracts, safety, financing, organization and structure of the Metropolitan Atlanta Rapid Transit Authority, as well as periodically review and evaluate the success with which said Authority is accomplishing its legislatively created purposes. Section 2. Said resolution is further amended by striking subsection (a) of Section 5 thereof, relating to the committee's expenditure of funds, and inserting in its place a new subsection to read as follows:

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(a) The Committee is hereby authorized to expend State funds available to the Committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying the expenses of advertising notices of intention to amend the `Metropolitan Atlanta Rapid Transit Authority Act of 1965,' as amended, paying for services of independent accountants, engineers, and consultants, paying necessary expenses of the citizens' advisory committee, or committees, and paying all other necessary expenses incurred by the committee in performing its duties. Section 3. This resolution shall become effective July 1, 1987. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1987. PULASKI DEVELOPMENT COMPANY, INC. CONVEYANCE OF STATE OWNED PROPERTY. No. 4 (House Resolution No. 55). A RESOLUTION Authorizing the conveyance of certain state owned property located in the City of Hawkinsville, Pulaski County, Georgia, to the Pulaski Development Company, Inc.; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the City of Hawkinsville, Pulaski County, Georgia; and WHEREAS, said real property is described as: All that tract or parcel of land containing.73 acre, more or less, situate, lying and being in Hawkinsville,

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Pulaski County, Georgia, more particularly described according to a plat thereof made by T. L. Willis, Civil Engineer, on December 9, 1950, as recorded in Deed Book 13, unnumbered page, Pulaski County, Georgia, records, to wit: beginning at the intersection of Sixth and Lovejoy Streets and running south 43 degrees 15 minutes east 616 feet, more or less, to a point on the east side of Lovejoy Street for a point of beginning, and from said point of commencement run thence south 43 degrees 15 minutes east along the east side of Lovejoy Street 208 feet to a point; thence north 12 degrees east 378 feet to a point; thence south 46 degrees west 308 feet to said point of beginning on the east side of Lovejoy Street, bounded on the southeast by other lands of Pulaski Development Company, Inc., on the northeast by other lands of the State of Georgia, and on the west and southwest by Lovejoy Street; and WHEREAS, the State of Georgia transferred the custody and management of the above-described property and improvements thereon to the Department of Defense for use as a National Guard Armory; and WHEREAS, this property was conveyed to the State of Georgia for the above-mentioned use from Pulaski County on March 1, 1957; and WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus; and WHEREAS, the Pulaski Development Company, Inc., is desirous of obtaining all of the above-described real property for use in promoting industrial development in Pulaski County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission.

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Section 2. That the above-described real property shall be conveyed by appropriate instrument to the Pulaski Development Company, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3. That, for the purpose of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the drawing of the property, the conveyance of which is authorized by this resolution, currently on file with the State Properties Commission, shall constitute an acceptable plat for filing. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. FANNIN COUNTY BOARD OF COMMISSIONERS TRANSFER OF GEORGIA FORESTRY COMMISSION STRUCTURE. No. 5 (House Resolution No. 60). A RESOLUTION Transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Fannin County Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, a certain structure owned by the Georgia Forestry Commission, containing approximately 600 square feet of space, has been declared surplus personal property by the Georgia Forestry Commission, which recently completed the construction of a new building for use as the headquarters office for the Fannin County Forestry Unit at Blue Ridge, Georgia; and WHEREAS, the Board of Commissioners of Fannin County is desirous of obtaining the above-described structure for use by the county. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the ownership of the above-described surplus personal property is transferred from the Georgia Forestry Commission to the Board of Commissioners of Fannin County. Section 2. That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Fannin County absorbing the full cost of removing the structure from the property of the Georgia Forestry Commission and relocating the structure on county property; provided, however, that the ownership of the structure shall revert automatically to the Georgia Forestry Commission if this personal property is not moved by July 1, 1987, or is not utilized for county purposes. Section 3. That the purchase price of such personal property will be $10.00 and other valuable considerations. Section 4. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

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JOSEPH WILSON SMITH BRIDGE DESIGNATED. No. 6 (House Resolution No. 61). A RESOLUTION Designating the Joseph Wilson Smith Bridge; and for other purposes. WHEREAS, Mr. Joseph Wilson Smith was a native and lifelong resident of Phenix City, Alabama, and the area around Columbus and Muscogee County, Georgia, and was an outstanding civic and community leader; and WHEREAS, in recognition of Mr. Smith's numerous contributions to these areas, the State of Alabama redesignated the Cottonton Bridge as the Joseph Wilson Smith Bridge and it is entirely fitting and proper that the State of Georgia acknowledge Mr. Smith's generosity and service by perpetuating his name in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Cottonton Bridge connecting Alabama State Route 168 with Omaha, Georgia, is designated as the Joseph Wilson Smith Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the Joseph Wilson Smith Bridge. Approved April 2, 1987.

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J. R. ALLEN PARKWAY DESIGNATED. No. 7 (House Resolution No. 62). A RESOLUTION Designating the J. R. Allen Parkway; and for other purposes. WHEREAS, J. R. Allen served as the first Mayor of the Consolidated Government of Columbus, Georgia, until his death on February 15, 1973; and WHEREAS, Mayor Allen had been one of the principal backers of consolidation before it took effect in Columbus in 1971 and had been elected as President of the Georgia Municipal Association and was so serving at the time of his death; and WHEREAS, at the time of his death, Mayor Allen was serving the State of Georgia by participating in a program of the Institute of Continuing Education, explaining the concept of consolidated city-county governments; and WHEREAS, Mayor Allen was described by this council in 1973 as a man who ...worked with others to restore a pride in our community and by so doing enabled us to discover pride in the abilities of each other and ourselves..., and the partially completed North Columbus Bypass, known as the State Route 22 Spur in Columbus, Georgia, serves as an example of such pride. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the North Columbus Bypass, known as the State Route 22 Spur in Columbus, Georgia, is designated as the J. R. Allen Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the J. R. Allen Parkway. Approved April 2, 1987.

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GOVERNOR'S TASK FORCE ON ADULT LITERACY CREATION. No. 8 (House Resolution No. 64). A RESOLUTION Creating the Governor's Task Force on Adult Literacy; and for other purposes. WHEREAS, a literate citizenry which can read, write, comprehend what is read, and do simple math is essential to the health, wealth, and quality of life for every person in the State of Georgia; and WHEREAS, an alarming proportion of the adult population, age 16 or over, of the State of Georgia is illiterate; and WHEREAS, illiteracy is a state-wide problem extending to every county and every community and thus requires a statewide effort from many sources to find solutions and deliver services; and WHEREAS, it is estimated that in Georgia there are approximately 700,000 adults with less than an eighth grade education and approximately 1,500,000 adults with an education that stopped short of a high school diploma; and WHEREAS, while there are conflicting estimates of adult illiterates due in part to conflicting definitions of illiteracy, there are presently less than 4 percent of the adults who lack a high school diploma who are being provided literacy services by local adult education programs, vocational training programs, the state prison system, and other state agencies; and there is an undetermined number who are being served by various private and volunteer organizations; and WHEREAS, adult illiteracy is costly, not only to those individuals directly affected and to their families, but also to the state as a whole in terms of both quality of life and the state's economy; and

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WHEREAS, it is estimated that billions of dollars are lost from the state's economy each year as the result of adults being unemployed, underemployed, incarcerated, or on public assistance due to illiteracy; and WHEREAS, in this age in which the need for manual labor is declining while the need for skilled labor is increasing, employers are demanding higher levels of education; and WHEREAS, an illiterate work force is therefore a major threat to Georgia's continued economic development and competitive position in the marketplace; and WHEREAS, literate parents better prepare their children for success in school; and WHEREAS, the identification of both illiterate adults and strategies needed to maintain their active involvement in effective instructional programs is a very complex task involving many groups. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Governor's Task Force on Adult Literacy, hereinafter referred to as the task force. The Governor shall appoint as members of the task force such number of citizens of Georgia, with a recognized interest and expertise in the field of adult literacy, as he deems advisable. He shall also appoint two members of the House of Representatives and two members of the Senate as members of the task force. The task force shall make a report of its findings and recommendations, including proposed legislation if any, to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives on or before January 1, 1988. The Governor shall appoint a chairperson of the task force who shall preside. The task force may elect from among its membership such other officers as it deems advisable. The task force may establish such quorum, attendance, and other rules as it deems advisable. The members of the task force shall be entitled to that expense allowance and travel cost reimbursement allowed by Code Section 45-7-21 for members of boards and commissions. Any task force member who is a state employee or a member of another state agency or board will not be compensated by the task force for travel or other expenditures for which a per

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diem or reimbursement is made by the other state agency or board. The legislative members of the task force shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. BE IT FURTHER RESOLVED that the task force shall conduct studies, research, investigations, and surveys into all facets of adult illiteracy. The task force shall completely analyze and assess adult illiteracy in Georgia, provide a consensus definition of what constitutes illiteracy, and define what constitutes effective adult literacy programs and services. The task force shall assess the extent of adult illiteracy in Georgia and identify the target population by demographic factors and geographic location; identify and quantify the services concurrently being provided; assess the effectiveness of current delivery systems and different instructional approaches; define the appropriate roles for volunteers as well as a mechanism for coordination of various resources; devise an effective mechanism for coordination of services by public and private providers; develop an adult literacy information base and a mechanism for regular updating; develop, where appropriate, methods for equitable and needs-based distribution of state funds to programs which are effectively serving adult illiterates; and establish priorities and an implementation schedule of short and long-range plans for addressing the adult literacy needs of the state. The task force is 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 exercise fully and adequately its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Staff support for the task force shall be provided by the Office of the Governor with assistance from the Departments of Education, Labor, Corrections, and Human Resources; the Board of Regents of the University System of Georgia; the Board of Postsecondary Vocational Education; the Office of Planning and Budget; and such other executive agencies which the chairperson may deem necessary. The chairperson, with the advice and consent of the task force, is also authorized to contract with consultant, research, and professional firms, institutions, or agencies for the conducting of studies and the gathering of such information as the task force may deem necessary. The task force and its duly authorized agents are empowered to inspect and study the records, books, and other documents of all involved state agencies

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and institutions of public education, both state and local, and at all levels thereof; and it shall be the duty of such agencies and institutions and all officials, employees, and agents thereof to assist and cooperate with the task force in the performance of its duties. The chairperson of the task force may designate and appoint committees to perform such functions as he or she may determine to be necessary. The task force may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information. The task force shall stand abolished January 1, 1988. Approved April 2, 1987. HOMER CHANCE HIGHWAY DESIGNATED. No. 9 (House Resolution No. 96). A RESOLUTION Designating that portion of State Highway 358 in Twiggs County between U.S. Highway 80 and State Highway 96 as the Homer Chance Highway; and for other purposes. WHEREAS, Honorable Homer Lee Chance's career of public service to the people of Twiggs County and the State of Georgia spanned three decades as a civic and community leader; and WHEREAS, this Danville native was a veteran of World War I, a member of the Mt. Zion Baptist Church, a Mason, and was a charter member of the board of directors of the Four County Bank; and WHEREAS, Honorable Homer Lee Chance served in the General Assembly during six terms in the House of Representatives and one term in the Senate and provided his constituents with distinguished and attentive representation; and

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WHEREAS, it is abundantly fitting and proper that a road which was first paved with asphalt through the efforts of this outstanding Georgian be designated in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 358 in Twiggs County between U.S. Highway 80 and State Highway 96 is designated as the Homer Chance Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating said highway as provided in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to the family of Honorable Homer Lee Chance. Approved April 2, 1987. CITY OF TYBEE ISLAND EASEMENT; STATE PROPERTY; FISHING PIER AND PAVILION. No. 10 (House Resolution No. 99). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of a fishing pier and pavilion facilities to be built over, under, across, or through such state owned property; to provide certain restrictions and conditions on such easement; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Chatham County, Georgia; and WHEREAS, the City of Tybee Island desires to construct, repair, and replace a fishing pier facility and pavilion area which includes a restaurant, dance floor area, supporting shops, concessions, and bait shop facilities, in the property described below and desires an easement from the State of Georgia for such purposes; and WHEREAS, a resolution approved March 28, 1985 (Ga. L. 1985, p. 605) authorized the State Properties Commission to grant the City of Tybee Island an easement for a fishing pier; and WHEREAS, the State Properties Commission approved an easement to the City of Tybee Island for a fishing pier and related activities dated September 20, 1985, and failure by the City of Tybee Island to use this easement area for the use specified in the document would cause a reversion of the easement to the state; and WHEREAS, it is essential to the City of Tybee Island and to the state that the use of the easement area be consistent with the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the real property described herein, referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, grants to the City of Tybee Island a perpetual easement for the installation, operation, and maintenance of a fishing pier facility; a pavilion area which includes a restaurant, dance floor area, supporting shops, concession area; and bait shop facilities in the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing the above-mentioned facilities, together with the right

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of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Chatham County, Georgia, and is more particularly described as shown on a plat of survey dated January 25, 1985, and labeled Plat of an Easement from the State of Georgia to the City of Tybee, Tybee Island, for: City of Tybee Island, Ga. prepared by Bert B. Barrett, Sr., Georgia Registered Land Surveyor No. 1239. Section 3. That the easement shall contain a provision that would not allow the pavilion area, other than a fishing pier, to be built, constructed, or erected beyond a point 124 feet seaward of the now existing seawall. Section 4. That the City of Tybee Island will agree to indemnify and hold the State of Georgia harmless from any and all liabilities due to the construction and operation of any facilities authorized in this resolution. Section 5. That the City of Tybee Island shall have the right to remove from said easement area only such sand and gravel as may be reasonably necessary for the proper construction, operation, and maintenance of said facilities. Section 6. That a failure by the City of Tybee Island to utilize this area for the use specified for which this easement is granted or a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Tybee Island, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. Section 7. That no title shall be conveyed to the City of Tybee Island and, except as specifically granted in this resolution to the City of Tybee Island, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Tybee Island.

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Section 8. That the easement granted to the City of Tybee Island shall contain written approval by the Department of Natural Resources and such other terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia, and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 9. That the consideration for such easement shall be $10.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said facilities. Section 10. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect the grant of the easement area. Section 11. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 12. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

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TRI-STATE STEEL DRUM COMPANY, INC. TRANSFER OF STATE PROPERTY. No. 11 (House Resolution No. 100). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Graysville, Catoosa County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land lying and being in Original Land Lots Numbers 6 and 7 in the 28th District and 3rd Section of Catoosa County, Georgia, and being further described as a portion of parcel No. 4 in Land Lot 7 and parcel No. 8 in Land Lot 6, as shown on Western and Atlantic Railroad Valuation Map No. V2/58 which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia. These parcels are more particularly shown on a plat of survey prepared by Robert A. Cagle, Georgia Registered Land Surveyor No. 2055, for Tri-State Steel Drum Company, Inc., entitled Boundary Survey, WA Railroad Property; and WHEREAS, the State of Georgia currently has the above-described property leased to the Seaboard System Railroad until December 31, 2019; and WHEREAS, Tri-State Steel Drum Company, Inc., is desirous of obtaining a portion of the above-described real property for ingress and egress to their property; and WHEREAS, Tri-State Steel Drum Company, Inc., plans to utilize a portion of this property as a natural area to maintain a visual buffer area from their plant operation; and

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WHEREAS, Tri-State Steel Drum Company, Inc., has agreed to donate a large parcel of the above-described property to the Graysville United Methodist Church to be utilized and maintained by the church as a playground, natural area, or for other church related activities. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, the Seaboard System Railroad, conveying its interest in said property to the State of Georgia by appropriate instrument. Section 3. That the above-described real property shall be sold and conveyed by appropriate instrument to Tri-State Steel Drum Company, Inc., by the State of Georgia, acting by and through the State Properties Commission, for $8,034.00 and upon such further consideration and provisions as directed by the State Properties Commission. Section 4. That a plat of survey shall be prepared by Tri-State Steel Drum Company, Inc., suitable for recording in Catoosa County, and presented to the Executive Director of the State Properties Commission for his approval. Section 5. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

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GEORGIA POWER COMPANY CONVEYANCE OF STATE OWNED REAL PROPERTY IN TALIAFERRO COUNTY. No. 12 (House Resolution No. 101). A RESOLUTION Authorizing the conveyance of certain state owned real property located within Taliaferro County, Georgia, to the Georgia Power Company; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Taliaferro County, Georgia, commonly known as the Alexander H. Stephens State Park under the custody of the Department of Natural Resources; and WHEREAS, located thereon is a 3,311 feet segment of the electrical distribution line owned by the state which serves a portion of the park; and WHEREAS, subject line is the only state owned electrical distribution line in the entire state park system; and WHEREAS, the operation and maintenance of the state owned power line is the responsibility of the department's Parks, Recreation and Historic Sites Division; and WHEREAS, the aforesaid division does not possess the wherewithal for proper power line operation and maintenance and, consequently, must seek outside technical assistance during emergencies; and WHEREAS, the 36 years effective age of subject power line has consumed the greater portion of its economic life resulting in frequent breakdowns; and WHEREAS, it is extremely difficult to budget for such emergencies thereby causing undue hardship to the division; and WHEREAS, the department deems it in the best interest of the state to transfer ownership of subject power line to the local provider of electrical energy; and

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WHEREAS, the Georgia Power Company is the provider of electricity for the service area and owns the remainder of the park's electrical distribution system; and WHEREAS, Georgia Power Company has appraised the present day value of subject power line and determined that the company will realize no financial gain by its ownership, but is willing to accept ownership, and thus maintenance and operation, of subject power line provided no sales price be charged and the cost of title transfer be borne by the state; and WHEREAS, under all circumstances the Department of Natural Resources deems Georgia Power Company's offer to be fair and equitable; and WHEREAS, the Department of Natural Resources declares state ownership of subject electrical distribution line to be detrimental to the best interest of the State of Georgia and requests that ownership be transferred to the Georgia Power Company in accordance with applicable laws, policies, and procedures; and WHEREAS, the Georgia Department of Law has determined that subject electrical distribution line is classified real property opposed to personal property; and WHEREAS, the Department of Natural Resources is willing to grant, and Georgia Power Company is willing to accept, a revocable license in lieu of a permanent easement as a means of access to subject power line for operation, repair, and maintenance purposes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia, acting by and through the State Properties Commission, is authorized and empowered to convey by quitclaim deed to the Georgia Power Company the 3,311 lineal feet, more or less, of 8 KV electrical distribution line located at Alexander H. Stephens State Park, Taliaferro County, Georgia, presently supplying electrical power to the maintenance barn, the group camp, and the ranger's residence, together with all appurtenances thereunto belonging or in any wise appertaining:

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(1) That the consideration for the real property conveyed shall be one and no/100 dollars ($1.00) and an adequate level of electrical service to the affected area of the park by sufficient repair and maintenance, including replacement if necessary, of subject power line; and (2) That the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 2. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A., requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the engineering drawing labeled A. H. Stephens State Park, 8 KV Distribution Line, Mr. Palmer Hadden, District Representative, Georgia Power, District Office, Post Office Box 347, Warrenton, Georgia 30828, (404) 465-3341, currently on file with the Department of Natural Resources shall constitute an acceptable plat for filing with the State Properties Commission. Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

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DEKALB COUNTY GOVERNMENT STUDY COMMISSION CREATION. No. 13 (House Resolution No. 109). A RESOLUTION Creating the DeKalb County Government Study Commission; and for other purposes. WHEREAS, the government of DeKalb County was completely reorganized by an Act of the General Assembly adopted in 1981; and WHEREAS, the General Assembly has found it necessary to amend the reorganization law several times since its enactment; and WHEREAS, legal questions have arisen concerning the respective powers of the Chief Executive Officer, the Board of Commissioners of DeKalb County, and their functions; and WHEREAS, the nature of the new government of DeKalb County with its separation of executive and legislative powers has caused confusion in the application of certain laws to the new government; and WHEREAS, a systematic review of the new government and the problems described above should be undertaken in order to identify all those changes that should be made in the reorganization law to avoid the necessity of annual amendment of such law. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the DeKalb County Government Study Commission is created. The commission shall be composed of 11 members as follows: (1) Three members of the Senate whose senatorial districts lie within DeKalb County appointed by the chairperson of the Senate delegation from DeKalb County; (2) Three members of the House of Representatives whose representative districts lie within DeKalb County

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appointed by the chairperson of the House delegation from DeKalb County; (3) Two members of the Board of Commissioners of DeKalb County elected by said board of commissioners. In the event the board of commissioners fails to make appointments by the designated time, the Chief Executive Officer shall appoint such members within five days; (4) Two citizens of DeKalb County appointed by the Chief Executive Officer of DeKalb County. In the event the Chief Executive Officer fails to make appointments by the designated time, the board of commissioners shall make such appointments within five days; and (5) One member of the DeKalb County Chamber of Commerce appointed by the governing body of such organization. BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by April 10, 1987. The chairperson of the Senate delegation from DeKalb County and the chairperson of the House delegation from DeKalb County shall each appoint a cochairperson of the commission. The co-chairperson appointed by the House delegation shall preside. The organizational meeting of the commission shall be held at the call of the cochairpersons. At the organizational meeting the commission shall elect from its own membership such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties. BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a systematic study of the DeKalb County government and the reorganization law adopted in 1981. The purpose of the study will be to identify those changes which need to be made in the reorganization law to solve problems heretofore described in this resolution and to achieve the efficient

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and effective functioning of the DeKalb County government. Among other things, the commission is authorized to review the 1986 study of DeKalb County government undertaken by the Carl Vinson Institute of Government of the University of Georgia. The Board of Commissioners of DeKalb County is requested to provide reasonable clerical and administrative support as needed by the study commission. BE IT FURTHER RESOLVED that the commission shall complete its study by December 1, 1987, and submit its recommendations by December 31, 1987, to the members of the General Assembly who represent any portion of DeKalb County and to the Chief Executive Officer of DeKalb County and to each member of the Board of Commissioners of DeKalb County. The commission shall stand abolished upon the completion and submission of its report. Approved April 2, 1987. C. W. BRADLEY BRIDGE DESIGNATED. No. 14 (Senate Resolution No. 12). A RESOLUTION Designating the C. W. Bradley Bridge; and for other purposes. WHEREAS, Mr. C. W. Bradley is a distinguished citizen of Murray County and the State of Georgia; and WHEREAS, he was an educator and coach for over 30 years; and WHEREAS, he was the Superintendent of Schools for the Murray County School District; and WHEREAS, he founded the Appalachian Wagon Train and the Murray County Saddle Club; and

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WHEREAS, he was president of the Murray County Cattlemen's Association; and WHEREAS, he is a longstanding member of the board of directors of the Chatsworth-Murray County Chamber of Commerce; and WHEREAS, his unselfish service to his community has been an inspiration to generations of local youth and, in recognition of his many contributions to the life of his community, it is fitting and proper to designate a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate that bridge located on Georgia Highway 52 and crossing Holly Creek at the base of Fort Mountain in Murray County, Georgia, as the C. W. Bradley Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation. Approved April 2, 1987.

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CONVEYANCE OF STATE PROPERTY TO BALDWIN COUNTY HOME FOR ELDERLY, INC. No. 15 (Senate Resolution No. 17). A RESOLUTION Authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of two parcels of real property of approximately eight acres and four acres located in Baldwin County, Georgia; and WHEREAS, said property is under the custody and management of the Georgia Department of Human Resources; and WHEREAS, said property is not contiguous to the Milledgeville Youth Development Center but is separated by Highway 22 and the Georgia Railroad property; and WHEREAS, said parcels are not being utilized by the Department of Human Resources and have been declared surplus to its needs; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Baldwin County, Georgia, in the original first land and present 318th militia district, it lying in and being a part of land lot number 281, and being generally described as follows: Those certain now vacant and unimproved pieces or parcels of land situate, lying and being along and immediately adjoining the northwest and northeast corner of the intersection of Roberson Mill Road and State Highway Route 22 containing eight acres and four acres respectively, the property here described is more particularly shown on a plat of survey outlined in orange on file in the office of the State Properties Commission, and will

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be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by Baldwin County Home for Elderly, Inc.; and WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus, except that portion of the property that is needed by the Department of Transportation or Baldwin County for future expansion of Roberson Mill Road and Garrett Way, which separates the two parcels. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey any or all of the above-described property, by sale for a consideration not less than the fair market value, to Baldwin County Home for Elderly, Inc., upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A., requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this resolution, currently on file with the State Properties Commission, shall constitute an acceptable plat for filing.

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Section 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. CONVEYANCE OF STRUCTURE OWNED BY THE GEORGIA FORESTRY COMMISSION TO THE BOARD OF COMMISSIONERS OF CLINCH COUNTY. No. 16 (Senate Resolution No. 33). A RESOLUTION Transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Clinch County Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, a certain structure owned by the Georgia Forestry Commission containing approximately 448 square feet has been declared surplus property by the Georgia Forestry Commission which is in the process of constructing a new building for use as the headquarters office for the Clinch County Forestry unit at Fargo, Georgia; and WHEREAS, the Board of Commissioners of Clinch County is desirous of obtaining the old structure for use in the senior citizens program. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. That the ownership of the above-described surplus personal property will be transferred from the Georgia Forestry Commission after completion of a new Clinch County Forestry headquarters facility to the Board of Commissioners of Clinch County. Section 2. That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Clinch County absorbing the full cost of removing the structure from the Georgia Forestry Commission's property and locating the structure at the new site; provided, however, that the ownership of the structure shall revert automatically to the Georgia Forestry Commission if this personal property is not moved by January 1, 1988. Section 3. That the purchase price will be $10.00 and other valuable considerations. Section 4. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. CITY OF BRUNSWICK EXCHANGE OF CITY PROPERTY FOR STATE OWNED PROPERTY. No. 17 (Senate Resolution No. 120). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Glynn County, Georgia, to the City of Brunswick

Page 699

and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of 1.5666 acres of real property, plus improvements, located in Glynn County, Georgia, known as 1200 Glynn Avenue, City of Brunswick, and being the facilities of the Coastal Resources Division of the Georgia Department of Natural Resources, said property hereinafter called STATE OWNED EXCHANGE PROPERTY and being shown on a plat of survey on file in the offices of the aforesaid department; and WHEREAS, under all conditions the department's facilities are no longer adequate to the department's needs and are not suitable for renovation and lack of land space prohibits expansion; and WHEREAS, consequently, the Department of Natural Resources is in dire need of a site upon which to construct a new coastal office/laboratory complex to serve adequately the coastal area; and WHEREAS, on the twenty-second day of November, 1982, the State Properties Commission, acting on behalf of the State of Georgia, under authority of Resolution Act No. 46 (H.R. No. 151) passed by the 1981 regular session of the General Assembly and approved by the Governor of Georgia on April 14, 1981, for the consideration of $20.00 conveyed fee title to approximately 8.20 acres of state owned high land and granted a nonexclusive easement on approximately 14.60 acres of adjoining marshland to the City of Brunswick for the express purpose of constructing, operating, and maintaining a public boat marina thereon for the benefit of the general public; and WHEREAS, to date, the City of Brunswick has not found it feasible to construct the contemplated marina; and WHEREAS, the City of Brunswick wishes to cooperate with the Department of Natural Resources in its efforts to conserve

Page 700

and protect the resources of the state for the benefit of present and future generations by conveying its interest in the marina property heretofore described to the state to be used as a site for the aforementioned office/laboratory complex in exchange for the state owned parcel of land and improvements located at 1200 Glynn Avenue; and WHEREAS, the city's land is shown as Marsh to be Converted, 6.71 acres, Easement for Dock Facility, 7.89 acres, and High land to be Deeded, 8.20 acres, on a certain plat entitled Proposed Brunswick Marina Site prepared by George P. Underwood, Jr., Georgia Registered Land Surveyor No. 1927, on August 24, 1982, a copy of which is on file in the offices of the Department of Natural Resources and to which reference is expressly made, hereinafter called CITY OWNED EXCHANGE PROPERTY; and WHEREAS, the exchange of said tracts or parcels of real property would be in the public interest. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia, acting by and through the State Properties Commission, is authorized and empowered to convey by appropriate instruments all of the above-described STATE OWNED EXCHANGE PROPERTY to the City of Brunswick and to accept in consideration therefor from the City of Brunswick, a conveyance of all of the above-described CITY OWNED EXCHANGE PROPERTY, subject to the following stipulations: (1) That the exchange herein contemplated is subject to the 1987 General Assembly providing funds for the construction by the state of the herein referenced office/laboratory complex on the CITY OWNED EXCHANGE PROPERTY. (2) That the conveyance of the STATE OWNED EXCHANGE PROPERTY to the city shall occur within a reasonable time after the completion of construction of

Page 701

the herein referenced office/laboratory complex and occupancy of same by the Department of Natural Resources. (3) That the conveyance of the STATE OWNED EXCHANGE PROPERTY and the acceptance of the CITY OWNED EXCHANGE PROPERTY shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 2. That for purposes of compliance with the provisions of paragraph (2) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property to the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat prepared by George P. Underwood Associates, Inc., more particularly George P. Underwood, Jr., Georgia Registered Land Surveyor No. 1927, labeled Proposed Brunswick Marina Site, G.M.D. 26, Glynn County, Georgia, dated August 24, 1982, currently on file with the Department of Natural Resources shall constitute an acceptable plat for filing with the State Properties Commission. Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

Page 702

O. O. BANKS AND MARGUERITE WRIGHT BANKS EASEMENT ACROSS STATE PROPERTY. No. 18 (Senate Resolution No. 157). A RESOLUTION Authorizing the State Properties Commission to resolve a title matter affecting state land in Baldwin County, Georgia; to authorize the conveyance of an easement and the acceptance of a quitclaim deed in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Department of Administrative Services desires to improve certain real property of the State of Georgia adjacent to Central State Hospital (the state's real property) for use of the department's Telecommunications Division; and WHEREAS, O. O. Banks and Marguerite Wright Banks have asserted possible right, title, and interest in and to part of the state's real property which lies in Baldwin County, Georgia, east of Swint Avenue, north of Central State Hospital, south of Oconee Heights Subdivision, and west of lands formerly owned by O. O. Banks and Marguerite Wright Banks; and WHEREAS, to resolve the matter directly and amicably, O. O. Banks and Marguerite Wright Banks propose to quitclaim any right, title, and interest they may have respecting the state's real property and request in return that the state grant an easement for an existing sewer line across and under the state's real property; and WHEREAS, the sewer easement will not interfere with use of the state's real property and the proposal in its principal terms appears to be of mutual benefit; and WHEREAS, the state's real property is the tract of 21.5 acres of land referred to in an affidavit of title recorded on behalf of the State of Georgia in the real property records of the clerk of the Superior Court of Baldwin County, Georgia, at deed book 199, pages 671-674; and

Page 703

WHEREAS, the state's real property is also shown on that certain plat of survey entitled Survey for State of Georgia Department of Administrative Services Telecommunications Division, Old State Patrol Station, Swint Avenue, prepared by Tribble Richardson, Inc., more particularly by Tommie M. Donaldson, Georgia Registered Land Surveyor No. 1617, dated September 3, 1986, (the state's plat), a copy of which is on file with the State Properties Commission; and WHEREAS, the proposed easement is 30 feet in width, as shown on said plat, and is for an existing sewer tap for Milledgeville Manor, Ltd., which connects to a sanitary sewer line approximately 30 feet inside the state's real property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the state's real property and that, in all matters relating to it, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State Properties Commission is authorized to execute, on behalf of the State of Georgia, a permanent easement to O. O. Banks and Marguerite Wright Banks, their successors and assigns, for installing, maintaining, repairing, and replacing a sanitary sewer line, whose existing location is shown approximately on the state's plat and whose exact location and terms shall be determined by the State Properties Commission. In return the State Properties Commission may accept a quitclaim deed by O. O. Banks and Marguerite Wright Banks by which they relinquish under the State of Georgia any right, title, and interest they may have in and to the state's real property. The terms of the easement, the terms of the quitclaim deed, and any other terms of the transaction shall otherwise be determined by the State Properties Commission. Section 3. That for purposes of compliance with provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of the easement, the conveyance of which is authorized by this

Page 704

resolution, approved by the State Properties Commission, shall constitute an acceptable plat for filing. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. L. L. (PETE) PHILLIPS CONFERENCE CENTER DESIGNATED. No. 19 (House Resolution No. 9). A RESOLUTION Designating the new lodge and conference center at Little Ocmulgee State Park as the L. L. (Pete) Phillips Conference Center; and for other purposes. WHEREAS, the Department of Natural Resources will construct a new lodge and conference center at Little Ocmulgee State Park in Wheeler County, Georgia; and WHEREAS, this facility will serve all citizens of this state by providing a setting for persons to gather, confer, and enjoy fellowship in the scenic, natural beauty of central Georgia; and WHEREAS, Representative L. L. (Pete) Phillips of the 120th District has served all citizens of this state by his devoted labors directed toward preserving the natural beauty and resources of this state from Tybee Light to Rabun Gap and all points in between; and

Page 705

WHEREAS, as chairman of the House Committee on Natural Resources and Environment since 1978, Representative Phillips has championed natural resource and environmental legislation and led the General Assembly to better guide and promote the wise use of this state's natural, historical, and recreational resources for the benefit of Georgia's present and future generations; and WHEREAS, there are many examples of his astute guidance on technical and complex legislative issues, and his practical wisdom and personal influence have guided key legislation through the General Assembly for over a decade; and WHEREAS, this gentleman farmer from Soperton has labored with skill, intelligence, and strength and thereby earned the admiration and respect of this body. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the lodge and conference center to be constructed at Little Ocmulgee State Park in Wheeler County, Georgia, shall be named, and hereafter known as, the L. L. (Pete) Phillips Conference Center. Approved April 2, 1987. MR. RAY R. HODGES COMPENSATION. No. 20 (House Resolution No. 11). A RESOLUTION Compensating Mr. Ray R. Hodges; and for other purposes. WHEREAS, Mr. Ray R. Hodges maintains a residence adjacent to U.S. Highway 301 about one mile north of Claxton, Georgia; and

Page 706

WHEREAS, on October 28, 1985, the City of Claxton and the surrounding area incurred approximately five inches of rain during a 12 hour period; and WHEREAS, a large watershed area bordering U.S. Highway 301 flooded and caused extensive damage to Mr. Hodges's property; and WHEREAS, an inadequate drainage system contributed to the overflow which damaged Mr. Hodges's property; and WHEREAS, Mr. Hodges has suffered damages to his property totaling $4,692.74; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Hodges and it is only fitting and proper that Mr. Hodges be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $4,692.74 to Mr. Ray R. Hodges as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. MR. MATTHEW PAUL MOBLEY COMPENSATION. No. 21 (House Resolution No. 17). A RESOLUTION Compensating Mr. Matthew Paul Mobley; and for other purposes.

Page 707

WHEREAS, on August 1, 1986, Mr. Matthew Paul Mobley was driving his 1983 Dodge van on State Highway 356 adjacent to Unicoi State Park in White County; and WHEREAS, a grass mower operated by Mr. Ronnie Phillips, an employee of the Department of Natural Resources at Unicoi State Park, struck a rock causing it to be thrown against the right side and windshield of Mr. Mobley's van; and WHEREAS, Mr. Mobley suffered property damage to his vehicle totaling $1,064.31; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Mobley and it is only fitting and proper that Mr. Mobley be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $1,064.31 to Mr. Matthew Paul Mobley as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. MR. MICKEY PALMER COMPENSATION. No. 22 (House Resolution No. 42). A RESOLUTION Compensating Mr. Mickey Palmer; and for other purposes. WHEREAS, on August 25, 1985, Mr. Mickey Palmer was driving his 1976 G.M.C. 4 [times] 4 pickup truck north on Georgia

Page 708

Highway 17S approximately eight miles south of Elberton, Georgia; and WHEREAS, while attempting to pass another vehicle Mr. Palmer's vehicle ran into mud which had washed onto the recently resurfaced highway from an area where work had recently been done on the shoulder of the highway by the Department of Transportation, causing Mr. Palmer's vehicle to skid out of control, cross a ditch, and run into a field; and WHEREAS, said accident resulted in damages to Mr. Palmer's vehicle in the amount of $1,227.00 which cannot be reimbursed by his insurance; and WHEREAS, said accident occured through no fault or negligence on the part of Mr. Palmer and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,227.00 to Mr. Mickey Palmer as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987.

Page 709

MS. ALLENE PERSONS COMPENSATION. No. 23 (House Resolution No. 56). A RESOLUTION Compensating Ms. Allene Persons; and for other purposes. WHEREAS, on October 21, 1984, at approximately 3:00 A.M., Ms. Allene Persons was admitted to Georgia Regional Hospital at Savannah; and WHEREAS, Ms. Persons had two suitcases, a shoulder bag, gold watch, gold chain, and other bags of clothing when she was admitted to the hospital; and WHEREAS, later on October 21, 1984, Ms. Persons reported that she was missing $1,400.00 in cash and certain other property; and WHEREAS, Ms. Persons later determined her losses to be $1,482.93; and WHEREAS, when Ms. Persons was admitted to Georgia Regional Hospital at Savannah, the employee in charge of such admission did not fill out the proper forms or follow the hospital's policy on admissions; and WHEREAS, Ms. Persons has suffered loss of personal property totaling $1,482.93; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Persons and it is only fitting and proper that she be reimbursed for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $1,482.93 to Ms. Allene Persons as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete

Page 710

satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. MR. THOMAS DOWDEN WRAY COMPENSATION. No. 24 (House Resolution No. 58). A RESOLUTION Compensating Mr. Thomas Dowden Wray; and for other purposes. WHEREAS, on February 21, 1986, a 1976 Chevrolet C10 truck belonging to Mr. Thomas Dowden Wray was parked in a hay field off of Johnson Lake Road in Polk County; and WHEREAS, a John Deere 450 tractor belonging to the Georgia Forestry Commission and being operated by an employee of the commission while fighting a wildfire in the field backed into Mr. Wray's truck causing damage in the amount of $1,102.28; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Wray, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Forestry Commission is authorized and directed to pay the sum of $1,102.28 to Mr. Thomas Dowden Wray as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said commission and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987.

Page 711

HAZARDOUS MATERIALS EMERGENCY RESPONSE ADVISORY COUNCIL RE-CREATION. No. 25 (House Resolution No. 59). A RESOLUTION Re-creating the Hazardous Materials Emergency Response Advisory Council; and for other purposes. WHEREAS, the development, manufacture, and sale of products to enhance our quality of life have increased dramatically over the past several decades; and WHEREAS, hazardous materials and chemicals are used in the production of most of these products; and WHEREAS, it has been estimated that over 45,000 different chemicals are in use today and that approximately 3,000 new chemicals come into existence each year; and WHEREAS, hazardous materials, chemicals, and wastes are either transported through a community or are in use at fixed facilities within the community, there is concern at all levels of government and by the public that there be adequate protective measures to ensure public health and safety when a hazardous material, chemical, or waste is spilled; and WHEREAS, recognizing the concern for hazardous material, chemical, and waste spills in Georgia communities, a number of special hazardous material response teams have been formed which are capable of taking necessary actions to help contain the threat and better protect public health and safety; and WHEREAS, the Hazardous Materials Emergency Response Advisory Council, created in 1985, has made a report of its findings but needs to continue its study in order to make additional recommendations concerning this very important public health issue. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is re-created the Hazardous Materials Emergency Response Advisory Council which shall be composed of 18 members as follows:

Page 712

(1) One member representing fire protection and safety services to be appointed by the Governor; (2) One member representing police services to be appointed by the Governor; (3) One member representing emergency medical services to be appointed by the Governor; (4) One member representing emergency management services to be appointed by the Governor; (5) One member representing environmental protection services to be appointed by the Governor; (6) One member representing the railroad and trucking industry to be appointed by the Governor; (7) One member representing the chemical industry to be appointed by the Governor; (8) One member representing the transportation industry to be appointed by the Governor; (9) Two members from the House of Representatives to be appointed by the Speaker of the House; (10) Two members from the Senate to be appointed by the Lieutenant Governor; (11) One member of the Georgia Ports Authority to be appointed by the Governor; (12) Four at-large members to be appointed by the Governor. Such at-large members may be representatives of industry; and (13) One member representing the Environmental Health Section of the Division of Public Health of the Department of Human Resources to be appointed by the Governor.

Page 713

The council shall select a chair and a vice-chair by vote of the members at the first meeting. The council may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary. BE IT FURTHER RESOLVED that the council shall continue the study of all aspects of the response, training, and enforcement activities related to hazardous material, chemical, or waste transportation and storage or spills. The council may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this resolution. The members of the council shall serve without compensation. BE IT FURTHER RESOLVED that the council is urged to work with the Georgia Municipal Association, the Association of County Commissioners, local municipal and county officials, and the Environmental Protection Division of the Department of Natural Resources to develop appropriate community response plans for hazardous materials or chemical spills. The council is also urged to collaborate and consult with the United States Coast Guard, the United States Department of Transportation, and the United States Environmental Protection Agency in conducting its study and performing its duties. BE IT FURTHER RESOLVED that the council shall make a report of its findings, conclusions, and recommendations on or before December 31, 1988, on which date the council shall stand abolished. Approved April 2, 1987.

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FIRST PRESBYTERIAN CHURCH OF MILLEDGEVILLE LEASE OF STATE OWNED REAL PROPERTY. No. 26 (House Resolution No. 125). A RESOLUTION Authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution; to provide an effective date; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows: All that tract or parcel of land containing 4352 acres situate, lying and being in the 320th G.M. District, City of Milledgeville, Baldwin County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the East right-of-way of South Wayne Street and the South right-of-way of East Greene Street and run North 77 degrees 27[prime] East a distance of 191.1 feet to an iron pin, which is the POINT OF BEGINNING: From the point of beginning thus established, running thence South 13 degrees 15[prime] East a distance of 162.6 feet to an iron pin; running thence South 77 degrees 27[prime] West a distance of 191.1 feet to an iron pin on the East right-of-way of South Wayne Street; running thence South 13 degrees 15[prime] East along the East right-of-way of South Wayne Street a distance of 75.7 feet to an iron pin; running thence North 77 degrees 27[prime] East a distance of 210 feet to an iron pin; running thence North 13 degrees 15[prime] West a distance of 238.3 feet to an iron pin on the South right-of-way of East Greene Street; running thence South 77 degrees 27[prime] West along the South right-of-way of East Greene Street a distance of 18.9 feet to an iron pin, which is the Point of Beginning. Said property is shown on a Plat prepared for the First Presbyterian Church

Page 715

by Walker McKnight (Registered Land Surveyor No. 864) dated December 1970; and WHEREAS, the above-described real property is no longer needed by the State of Georgia and is therefore surplus; and WHEREAS, the First Presbyterian Church of Milledgeville is desirous of purchasing said tract of land. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the real property described herein and that, in all matters relating to the property, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the hereinabove described tract of land to the First Presbyterian Church of Milledgeville, subject to the following conditions: (1) That the consideration for the lease shall be $100.00 per year; (2) That the term of any lease agreement executed pursuant to the authority of this resolution shall be concurrent with the term of the present lease between the State of Georgia and the First Presbyterian Church of Milledgeville; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 4. That, for the purpose of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real

Page 716

property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of survey and drawings on file in the office of the State Properties Commission shall constitute an acceptable plat for filing with the Secretary of State. Section 5. That a resolution authorizing the lease of certain real property located in Baldwin County, approved March 28, 1974 (Ga. L. 1974, p. 1228, Res. Act No. 114), is repealed in its entirety. Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. CITY OF WAYCROSS EASEMENT THROUGH STATE PROPERTY; WATER FACILITIES. No. 27 (House Resolution No. 133). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Waycross an easement upon and under certain real property owned by the State of Georgia in Ware County, Georgia, for the construction, installation, operation, maintenance, repair and improvement of certain water service facilities; to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia, acting by and through its Department of Corrections, entered into that certain agreement

Page 717

with the City of Waycross, entitled WATER SERVICE AGREEMENTWARE CI, dated the 12th day of February, 1986, the agreement; and WHEREAS, pursuant to the agreement the Department of Corrections and the City of Waycross agreed to cooperate in the construction of certain facilities, which directly benefited the Department in connection with new correctional facilities and benefited the City with respect to its water distribution system; and WHEREAS, the agreement provides for the City of Waycross to have a revocable license upon State property in order to carry out its part of the agreement; and WHEREAS, the agreement further provides that the Department of Corrections, if requested by the City, shall cooperate in requesting the General Assembly to authorize an easement to the City within the boundaries of the revocable licenses and otherwise in the same terms and conditions; and WHEREAS, the Department of Corrections has indicated its desire and approval of such an easement; and WHEREAS, it is deemed beneficial for the State of Georgia to authorize and grant the easement contemplated by the agreement under such terms and conditions. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY: Section 1. That the State of Georgia is the owner of the real property described herein, referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia acting by and through its State Properties Commission is authorized and empowered to grant to the City of Waycross, a political subdivision of the State of Georgia, an easement for the construction, installation, operation, maintenance, repair and improvement of the water service facilities within the area described in EXHIBIT A and a further, similar easement within the area described in EXHIBIT

Page 718

B. And the State Properties Commission is authorized and empowered to set the final boundaries of the easement when the locations of said water mains and other facilities are established. Section 3. That the terms and conditions of the easement shall otherwise be those of the revocable license as provided for in the agreement unless the State Properties Commission, the Department of Corrections and the City otherwise agree. Section 4. That the consideration for the easement shall be the benefit flowing to the State of Georgia from the performance and implementation of the agreement. Section 5. That the term of the easement shall be perpetual so long as it is used for the purposes herein stated. Section 6. That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to convey such easement. Section 7. That for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122, requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the descriptions of the easement area and their depiction in the exhibits of the agreement shall suffice, unless the Department of Corrections, the City of Waycross and the State Properties Commission agree to substitute a plat of survey, as-built drawings or some other acceptable substitute. Section 8. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 9. That all laws and parts of laws in conflict with this Resolution are repealed. EXHIBIT A A RESOLUTION CONCERNING GRANT OF EASEMENT TO THE CITY OF WAYCROSS, GEORGIA (WATER TANK SITE) All that tract or parcel of land situate, lying and being in Land Lot 108 of the Eighth Land District of Ware County, Georgia,

Page 719

and more particularly described as follows: Commence at a point where the northwesterly right-of-way of Airport Road (60 foot right-of-way) intersects the northeasterly right-of-way of Harris Road (60 foot right-of-way) in the Waycross-Ware County Industrial Park and run thence north 61 degrees 39 minutes 19 seconds west a distance of 68.63 feet to a point; thence north 49 degrees 17 minutes 28 seconds west a distance of 100 feet to the beginning point of the herein described tract; thence north 49 degrees 17 minutes 28 seconds west a distance of 96.06 feet to a point; thence north 58 degrees 22 minutes 34 seconds west a distance of 189.55 feet to a point (all points heretofore described are located on the northeasterly right-of-way of Harris Road); thence north 87 degrees 29 minutes 30 seconds east a distance of 226.32 feet to a point; thence south 2 degrees 42 minutes 23 seconds west a distance of 172.15 feet to the BEGINNING POINT on the northeasterly right-of-way of Harris Road. Said tract being further described as being 0.414 acres and said description being according to a plat of a survey by Franklin Miles, Registered Land Surveyor, dated 2/5/85. EXHIBIT B A RESOLUTION CONCERNING GRANT OF EASEMENT TO THE CITY OF WAYCROSS, GEORGIA All that tract or parcel of land lying, situate and being in Land Lot 108 of the 8th Land District of Ware County, Georgia, and being more particularly described as follows: TRACT 1. Beginning at a point on the northern land lot line of Land Lot 108, which point is 2052.68 feet North 87 degrees 26 minutes 31 seconds East of the northwest corner of land lot 108 marked by an iron pin; running thence North 87 degrees 11 minutes 50 seconds East a distance of 331.76 feet to a concrete monument; running thence South 19 degrees 15 minutes 30 seconds East a distance of 1111.40 feet to an iron pin on the northerly margin of a paved county road (60 foot right-of-way); running thence northwesterly along the margin of said paved county road along a curve to the right having an arc distance of 571.35 feet, said curve having a radius of 1098.23 feet; running thence North 59 degrees 12 minutes 22 seconds West a distance of 124.57 feet along the margin of said paved county road to an iron pin; running thence North 3 degrees 15 minutes 27

Page 720

seconds West a distance of 818.39 feet to an iron pin and the point or place of beginning. Said tract containing 10.58 acres and being Parcel 1 on a plat of boundary line survey prepared by Harry W. Prevatt, Georgia Registered Land Surveyor No. 1800, dated May 28, 1983 being entitled Proposed Acquisitions By The State Of Georgia Into The Department Of Offender Rehabilitation. TRACT 2. To find the True Point of Beginning, begin at the northwest corner of Land Lot 108 of the 8th Land District of Ware County, Georgia; running thence North 87 degrees 26 minutes 31 seconds East 2052.68 feet to an iron pin; running thence South 3 degrees 15 minutes 27 seconds East a distance of 818.39 feet to an iron pin; continue thence South 3 degrees 15 minutes 27 seconds East a distance of 72.33 feet to an iron pin on the south margin of a paved county road and the true Point Of Beginning; run thence South 59 degrees 12 minutes 22 seconds East a distance of 84.18 feet along the margin of said county road to an iron pin; running thence southeasterly along the southern margin of said paved county road (60 foot right-of-way), being a curve to the left, said curve having an arc distance of 602.57 feet and a radius of 1158.23 feet; running thence South 89 degrees 7 minutes 57 seconds East a distance of 106.85 feet along the margin of said paved county road to an iron pin; running thence southeasterly along the southern margin of said paved county road (60 foot right-of-way), being a curve to the right, said curve having an arc distance of 364.69 feet and a radius of 525.23 feet; running thence South 49 degrees 20 minutes 57 seconds East a distance of 203.14 feet along the margin of said paved county road to an iron pin; running thence South 62 degrees 2 minutes 57 seconds East a distance of 98.90 feet along the margin of said paved county road to an iron pin; running thence South 66 degrees 34 minutes 23 seconds East a distance of 540.96 feet along the margin of said graded county road to an iron pin; running thence South 55 degrees 40 minutes 36 seconds East a distance of 290.12 feet along the margin of said graded county road to an iron pin; running thence South 44 degrees 28 minutes 12 seconds East a distance of 254.16 feet along the margin of said graded county road to an iron pin; running thence South 37 degrees 56 minutes 42 seconds East a distance of 288.26 feet along the margin of said graded county road to an iron pin; running thence South 41 degrees 20 minutes 3 seconds West a distance of 285.41 feet to an iron

Page 721

pin; running thence South 82 degrees 57 minutes 3 seconds West a distance of 72.47 feet to an iron pin; running thence South 71 degrees 14 minutes 27 seconds West a distance of 385.42 feet to an iron pin; running thence North 88 degrees 39 minutes 47 seconds West a distance of 343.14 feet to an iron pin; running thence North 80 degrees 32 minutes 36 seconds West a distance of 399.17 feet to an iron pin; running thence South 86 degrees 4 minutes 29 seconds West a distance of 249.54 feet to an iron pin; running thence South 89 degrees 55 minutes 33 seconds West a distance of 254.32 feet to an iron pin; running thence North 73 degrees 1 minute 37 seconds West a distance of 311.58 feet to an iron pin; running thence North 70 degrees 28 minutes 18 seconds West a distance of 184.97 feet to an iron pin; running thence North 3 degrees 15 minutes 27 seconds West a distance of 1438.76 feet to an iron pin and the True Point Of Beginning. Said tract containing 46.68 acres and being parcel No. 2 as shown on a plat prepared by Harry W. Prevatt, Georgia Registered Land Surveyor No. 1800, dated May 28, 1983, entitled Proposed Acquisitions By The State Of Georgia Into The Department Of Offender Rehabilitation. LESS AND EXCEPT a 12.2 acre tract, more or less, conveyed by Ware County to the State of Georgia by deed recorded in Deed Book 8K, Page 209, in the Office of the Clerk of the Superior Court of Ware County, Georgia, and shown as Parcel No. 4 on the plat of boundary line survey prepared by Harry W. Prevatt, Georgia Registered Land Surveyor No. 1800, dated May 28, 1983, and entitled Proposed Acquisitions By The State Of Georgia Into The Department Of Offender Rehabilitation. TRACT 3. To find the True Point Of Beginning begin at the northwest corner of Land Lot No. 108, 8th Land District, Ware County, Georgia; running thence North 87 degrees 26 minutes 31 seconds East 2052.68 feet to an iron pin; running thence North 87 degrees 11 minutes 50 seconds East 331.76 feet to an iron pin; running thence South 19 degrees 15 minutes 30 seconds East a distance of 1111.40 feet to an iron pin and the True Point of Beginning; running thence North 87 degrees 29 minutes 30 seconds East a distance of 966.40 feet to an iron pin on the westerly margin of a paved county road; running thence in a southwesterly direction along the westerly margin of said paved county road, being a curve to the right, said curve having an arc distance of 239.84 feet and a radius of 319.62

Page 722

feet; running thence South 44 degrees 10 minutes 51 seconds West a distance of 211.80 feet along the margin of said paved county road to an iron pin, said point being the northwest corner of an intersection of two county roads; running thence North 61 degrees 37 minutes 28 seconds West a distance of 68.62 feet along the margin of a paved county road to an iron pin; running thence north 49 degrees 20 minutes 57 seconds West a distance of 196.46 feet along the margin of a paved county road to an iron pin; running thence in a northwesterly direction along the northerly margin of said county road being a curvey to the left having an arc distance of 406.35 feet and a radius of 585.23 feet; running thence North 88 degrees 28 minutes 37 seconds West a distance of 106.25 feet along the margin of a paved county road to an iron pin and the True Point of Beginning. Said tract being identified as Parcel 3 containing 3.03 acres as shown on a plat prepared by Harry W. Prevatt, Georgia Registered Land Surveyor No. 1800, dated May 28, 1983, entitled Proposed Acquisitions By The State of Georgia Into The Department of Offender Rehabilitation. TRACT 4. All that tract or parcel of land lying, being and situate in Land Lot #108 of the 8th Land District of Ware County, Georgia, containing 12.2 acres, more or less, and more particularly described as follows: COMMENCING at an iron pipe marking the southeast corner of said land lot and running North 1 degree 15 minutes West a distance of 2032.8 feet to a point, thence angle left and running North 48 degrees 50 minutes West a distance of 1889 feet to an iron pin, which said iron pin is the POINT OF BEGINNING of the tract of land herein described; thence angle left and running South 41 degrees West a distance of 900 feet to an iron pin; thence angle right and running North 48 degrees West a distance of 600 feet to an iron pin; thence angle right and running North 41 degrees 55 minutes East a distance of 836 feet to an iron pin; thence angle right and running South 63 degrees 30 minutes East a distance of 259 feet to an iron pin; thence angle right and running South 48 degrees 50 minutes East a distance of 341 feet to the POINT OR PLACE OF BEGINNING. Approved April 2, 1987.

Page 723

A. L. AL BURRUSS CORRECTIONAL TRAINING CENTER DESIGNATED. No. 28 (House Resolution No. 146). A RESOLUTION Designating the A. L. Al Burruss Correctional Training Center; and for other purposes. WHEREAS, the Honorable A. L. Al Burruss will be long remembered as an unparalleled leader in this state; and WHEREAS, the Honorable A. L. Al Burruss served with distinction as a member of the House of Representatives from 1968 to 1986 and, during his service, displayed his extraordinary talents as Majority Whip, Majority Leader, Speaker Pro Tempore, and as a member of the most important committees of the House; and WHEREAS, he was widely known as a self-made man, achieving success in business, civic affairs, and government, but he preferred the role of an anonymous benefactor to countless Georgians; and WHEREAS, his vision and tenacity earned him the respect of supporters and adversaries alike; and WHEREAS, the Honorable A. L. Al Burruss passed away on May 10, 1986; and WHEREAS, in light of his enduring belief in the importance of the security and safety of the citizens of Georgia, it is only fitting and proper that a facility dedicated to those purposes be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the members of the Board of Corrections for their desire to pay tribute to the Honorable A. L. Al Burruss. BE IT FURTHER RESOLVED that the Board of Corrections is authorized and directed to designate the correctional facility

Page 724

in Forsyth, Monroe County, Georgia, as the A. L. Al Burruss Correctional Training Center and to affix an appropriate plaque at the entrance to such center for that purpose. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Board of Corrections and to the family of the Honorable A. L. Al Burruss. Approved April 2, 1987. FLAT SHOALS PARKWAY DESIGNATED. No. 29 (House Resolution No. 188). A RESOLUTION Designating a certain road in DeKalb County as Flat Shoals Parkway; and for other purposes. WHEREAS, that portion of Flat Shoals Road which runs from I-285 to Snapfinger Road in DeKalb County has recently been widened to a four-lane parkway; and WHEREAS, that portion of Flat Shoals Road has been landscaped with beautiful plantings to accentuate the new parkway and the surrounding residential area; and WHEREAS, there is another road which runs off of I-20 which is also named Flat Shoals Road; and WHEREAS, the existence of two roads in the same county with the same name is very confusing to residents and visitors alike; and WHEREAS, the designation of that portion of Flat Shoals Road which runs from I-285 to Snapfinger Road as Flat Shoals Parkway is an appropriate solution to these needs.

Page 725

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of Flat Shoals Road that runs from I-285 to Snapfinger Road in DeKalb County is designated as Flat Shoals Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is directed to place and maintain appropriate markers along that portion of Flat Shoals Road in DeKalb County designating it as Flat Shoals Parkway. Approved April 2, 1987. MR. DORLAN PATRICK WELLS, JR. COMPENSATION. No. 30 (House Resolution No. 218). A RESOLUTION Compensating Mr. Dorlan Patrick Wells, Jr.; and for other purposes. WHEREAS, on July 24, 1986, Mr. Dorlan Patrick Wells, Jr., was driving his 1970 Volkswagen on State Highway 56 near the Spirit Creek Bridge in Richmond County; and WHEREAS, the Department of Transportation had dug and filled core holes in State Highway 56 in conjunction with Project FR-38-2(24); and WHEREAS, one of the core holes was undermined by traffic and weather, and Mr. Wells's automobile struck an eight-inch diameter hole causing Mr. Wells to lose control of the automobile and overturn; and WHEREAS, Mr. Wells has suffered property damages totaling $1,886.00; and

Page 726

WHEREAS, the loss occurred through no fault or neglect of his own, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $956.00 to Mr. Dorlan Patrick Wells, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. HONORABLE RANDALL EVANS, JR. PORTRAIT IN STATE CAPITOL. No. 31 (House Resolution No. 249). A RESOLUTION Authorizing the placing of a portrait of Honorable Randall Evans, Jr., in the State Capitol Building; and for other purposes. WHEREAS, for over a half of a century, Honorable Randall Evans, Jr., served faithfully and with dedication the people of the State of Georgia; and WHEREAS, beginning in 1930, he served as a member of the General Assembly for 12 years, with five terms as a Representative and one term as a Senator; and WHEREAS, he was the youngest person to hold the office of Speaker of the House of Representatives when, for the term 1941-42, he won the position at age 35; and

Page 727

WHEREAS, Honorable Randall Evans, Jr., held an esteemed reputation as one of the finest trial lawyers in our state and served in many positions of honor and trust in the legal community; and WHEREAS, as further evidence of the integrity of his legal career, he was a Judge of the Court of Appeals of Georgia from 1969 until his retirement in 1976; and WHEREAS, it is only fitting and proper that this statesman, scholar, jurist, and gentleman be recognized and honored for the many important contributions made by his career of service to the people of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recognizes the outstanding record of service of Honorable Randall Evans, Jr., and directs that a portrait of this distinguished Georgian be placed in the State Capitol Building at a location to be selected by the Governor, the Speaker of the House of Representatives, and the President of the Senate. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Honorable Randall Evans, Jr. Approved April 2, 1987.

Page 728

GEORGIA FORESTRY COMMISSION TRANSFER OF STRUCTURES TO THE BOARD OF COMMISSIONERS OF CALHOUN COUNTY AND THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY. No. 32 (House Resolution No. 250). A RESOLUTION Transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Calhoun County Board of Commissioners; to transfer the ownership of certain structures owned by the Georgia Forestry Commission to the Franklin County Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, a certain structure owned by the Georgia Forestry Commission in Calhoun County containing approximately 576 square feet has been declared surplus property by the Georgia Forestry Commission as a result of a new building for use as the headquarters office for the Calhoun County Forestry unit at Edison, Georgia, being constructed; and WHEREAS, certain structures owned by the Georgia Forestry Commission in Franklin County containing approximately 1,440 square feet have been declared surplus property by the Georgia Forestry Commission as a result of a new office/equipment shelter being constructed for use as the headquarters office for the Franklin County Forestry Unit at Canon, Georgia; and WHEREAS, the Board of Commissioners of Calhoun County is desirous of obtaining the old structure in Calhoun County for county use; and WHEREAS, the Board of Commissioners of Franklin County is desirous of obtaining the old structures in Franklin County for county use. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) That the ownership of the above-described surplus personal property in Calhoun County will be transferred

Page 729

from the Georgia Forestry Commission to the Board of Commissioners of Calhoun County. (b) That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Calhoun County absorbing the full cost of removing the structure from the Georgia Forestry Commission's property and locating the structure at the new site; provided, however, that the ownership of the structure shall revert automatically to the Georgia Forestry Commission if this personal property is not moved by January 1, 1988. (c) That the purchase price will be $10.00 and other valuable considerations. Section 2. (a) That the ownership of the above-described surplus personal property in Franklin County will be transferred from the Georgia Forestry Commission to the Board of Commissioners of Franklin County. (b) That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Franklin County absorbing the full cost of removing the structures from the Georgia Forestry Commission's property and locating the structures at the new site; provided, however, that the ownership of the structures shall revert automatically to the Georgia Forestry Commission if this personal property is not moved 60 days after approval of this resolution by the Governor or upon its becoming law without such approval. (c) That the purchase price will be $10.00 and other valuable considerations. Section 3. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

Page 730

PIEDMONT AUTOMOTIVE PRODUCTS, INC.; TENNESSEE VALLEY RAILROAD MUSEUM CONVEYANCE OF STATE OWNED PROPERTY. No. 33 (House Resolution No. 252). A RESOLUTION Authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to Piedmont Automotive Products, Inc.; to authorize the sale of certain state owned property which is the subject of a lease with the Southern Railway Company to the Tennessee Valley Railroad Museum under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Habersham County, Georgia; (2) Said real property is described as: All that tract or parcel of land lying and being in Land Lot No. 22 in the 12th Land District of Habersham County, Georgia, and being more fully described as follows: Beginning at an iron pin corner on the north side of the right-of-way of State Highway No. 115, the same being a corner common with the lands of Ray Palmer and the lands herein conveyed, and running thence with the land line of Ray Palmer 285 feet to an iron pin corner; thence an eastern direction 75 feet to an iron pin corner; thence a southern direction, a line parallel with Ray Palmer land line, 285 feet to an iron pin corner on the right-of-way of State Highway No. 115; thence a western direction, with said right-of-way, 75 feet to beginning corner. The above and foregoing described property is a part of the same property described in a warranty deed from Ray D. Palmer to Thomas J. Palmer, dated January 26, 1946, and found of record in Deed Book A-47, page 196, Clerk's Office, Habersham County, Georgia;

Page 731

(3) This property was conveyed to the State of Georgia by Thomas J. Palmer on June 11, 1953, for a consideration of $150.00; (4) The Georgia Forestry Commission planned to replace the office building and truck shed now located on the above-described site, containing approximately.49 acre; and (5) The Georgia Forestry Commission and Piedmont Automotive Products, through negotiations, have agreed upon terms for the exchange of the Forestry Commission's present site on approximately.49 acre and improvements for a.86 acre site and certain materials and supplies to enable the Georgia Forestry Commission to construct new facilities; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in the City of Chattanooga, Hamilton County, Tennessee; (2) Said real property is described as follows: All or part of that certain tract or parcel of land, lying and being in the City of Chattanooga, Tennessee, in the First Civil District, Hamilton County, Tennessee, described as all or part of the Western and Atlantic Railroad right-of-way between King Street and Central Avenue (approximately 66[prime][times]4,055[prime]) shown on Western and Atlantic Railroad Valuation Map No. V4/S-1-A which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia (said property is more particularly described in a DRAWING DATED April 17, 1985, and attached to the lease dated May 13, 1985, to Southern Railway Company on file in the office of the State Properties Commission); (3) The State of Georgia currently has the above-described property leased to the Southern Railway Company for $10.00 per year as authorized by Resolution Act No. 29, H.R. 111, approved March 28, 1985 (Ga. L. 1985, p. 577); (4) The lease dated May 13, 1985, was approved by the State Properties Commission at its regular meeting on May 7, 1985;

Page 732

(5) The Tennessee Valley Railroad Museum desires to use the above-described tract to reach the freight depot property northwest of King Street; and (6) If the State of Georgia sold such property to the Tennessee Valley Railroad Museum, the state would relieve itself of rail properties in the State of Tennessee with the exception of the Western and Atlantic rail property leased to the Seaboard System Railroad. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Article 1. Section 1. (a) That the State of Georgia is the owner of the above-described property located in Habersham County, Georgia, and that, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission. (b) That the above-described real property located in Habersham County, Georgia, shall be conveyed by appropriate instrument to Piedmont Automotive Products, Inc. by the State of Georgia, acting by and through the State Properties Commission, for a consideration of certain materials and supplies to enable the Georgia Forestry Commission to construct new facilities and a deed from Piedmont Automotive Products, Inc. to the State of Georgia on the 86 acre site, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Article 2. Section 2. (a) That the State of Georgia is the owner of the above-described real property located in the City of Chattanooga, Hamilton County, Tennessee, and that in all matters relating to the sale of such real property which is the subject of the lease the State of Georgia is acting by and through its State Properties Commission. (b) That the State Properties Commission is authorized to sell the above-described property located in the City of Chattanooga,

Page 733

Hamilton County, Tennessee, subject to the lease agreement with the Southern Railway Company, to the Tennessee Valley Railroad Museum for a consideration equal to the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as shall be prescribed by the State Properties Commission. (c) That, if the sale and conveyance of property authorized by this article has not been executed prior to January 1, 1989, this article shall stand repealed in its entirety on January 1, 1989, and all provisions of this article shall be deemed to be void and of no effect. Article 3. Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. MR. BRYAN TODD FITZGERALD COMPENSATION. No. 34 (House Resolution No. 254). A RESOLUTION Compensating Mr. Bryan Todd Fitzgerald; and for other purposes. WHEREAS, on the evening of January 21, 1987, at approximately 9:30 P.M., Mr. Bryan Fitzgerald was walking along the right shoulder of U.S. Highway 29 in Gwinnett County; and

Page 734

WHEREAS, while walking, Mr. Fitzgerald fell into a manhole which was uncovered, injuring his ribs and hand; and WHEREAS, the above-mentioned manhole opening is a drainage structure which is maintained by the Georgia Department of Transportation; and WHEREAS, Mr. Fitzgerald has suffered medical expenses and loss of personal property in the amount of $3,042.89 as a result of his accident; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Bryan Fitzgerald and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,309.89 to Mr. Bryan Todd Fitzgerald as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. MR. WILLIAM E. WILDER COMPENSATION. No. 35 (House Resolution No. 265). A RESOLUTION Compensating Mr. William E. Wilder; and for other purposes. WHEREAS, Mr. William E. Wilder is the owner and operator of a furniture store in Washington, Georgia; and WHEREAS, the Department of Transportation, through its employees, was engaged in grading and removing soil from a tract of land adjacent to the property of Mr. Wilder; and

Page 735

WHEREAS, on the night of May 28, 1986, heavy rains fell in the area and as a result of a change in the course of the flow of the water caused by the grading done by the Department of Transportation, water and mud were washed into the building owned by Mr. William E. Wilder, filling the building with mud and water to a depth of as much as four inches and causing damage to furniture which was stored in the building in an amount of $160,881.00; and WHEREAS, such loss occurred through no fault of Mr. William E. Wilder, and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $36,500.00 to Mr. William E. Wilder as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. MRS. FRANS REID ON BEHALF OF LOVERNE TERRELL MATLOCK COMPENSATION. No. 36 (House Resolution No. 270). A RESOLUTION Compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock; and for other purposes. WHEREAS, on August 8, 1984, Loverne Terrell Matlock, the son of Mrs. Frans Reid, was on a church outing at Crooked River State Park in St. Marys, Georgia, which is operated by the Department of Natural Resources; and

Page 736

WHEREAS, while swinging on a tire swing, the swing broke allowing the tire swing and chain to fall to the ground breaking Loverne Matlock's leg; and WHEREAS, said accident resulted in personal injuries and medical bills in the amount of $1,694.94; and WHEREAS, the accident occurred through no fault or negligence of Loverne Terrell Matlock or Mrs. Frans Reid, and it is only fitting and proper that they be reimbursed for their loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $469.20 to Mrs. Frans Reid on behalf of Loverne Terrell Matlock as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1987. JOHNS TIMBER COMPANY; CITY OF BLUE RIDGE CONVEYANCE OF STATE OWNED PROPERTY. No. 37 (House Resolution No. 275). A RESOLUTION Authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company; to authorize the conveyance of certain state owned property located in Fannin County to the City of Blue Ridge, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Brantley County, Georgia, currently under the

Page 737

custody and management of the Georgia Forestry Commission; (2) Said real property is described as: All that tract or parcel of land lying and being in Land Lot No. 105 in the 2nd Land District (originally Wayne), now Brantley County, Georgia, containing approximately.75 acre bounded and described as follows: Bounded north by Satilla Avenue; east by J. B. Lewis lands; south by Route 50; west by Glenn Driver and Will Stokes; being 100 feet on north; 296 feet on east; 109 feet on south; 338 feet on west; (3) This property was conveyed to the State of Georgia by J. B. Lewis on October 9, 1940, for a consideration of $250.00; (4) The Georgia Forestry Commission has utilized this property as a county unit headquarters site and is in the process of acquiring a two-acre site upon which to relocate their facilities to better serve the citizens of Brantley and surrounding counties; and (5) The Georgia Forestry Commission has agreed to convey the above-described.75 acre site and improvements to Johns Timber Company provided a building be constructed by Johns Timber Company on the two-acre site now being acquired; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fannin County, Georgia; (2) Said real property is described as: All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia being part of Land Lot 315, more particularly described as follows: BEGINNING at the Northeast corner of the property, said point being South 70 deg. 20[prime] West a distance of 1004.8

Page 738

feet; South 55 deg. 42[prime] West a distance of 31.60 feet from the Northeast corner of Land Lot 315, and from said point of beginning running thence South 47 deg. 03[prime] East a distance of 87.70 feet; thence South 7 deg. 07[prime] East a distance of 65.48 feet; thence North 43 deg. 09[prime] West a distance of 142.34 feet; thence North 50 deg. 04[prime] East a distance of 32.61 feet to the POINT OF BEGINNING, and containing an area of 4,162 square feet.; (3) The said property is no longer needed by the State of Georgia; and (4) The City of Blue Ridge, Georgia, is desirous of obtaining all of the above-described real property located in Fannin County to be used for county purposes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Article 1. Section 1. (a) That the State of Georgia is the owner of the above-described property located in Brantley County, Georgia, and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. (b) That the above-described real property located in Brantley County, Georgia, shall be conveyed by appropriate instrument to Johns Timber Company by the State of Georgia, acting by and through the State Properties Commission, in exchange for a building, approved by the Georgia Forestry Commission and the State Properties Commission, to be constructed and paid for by Johns Timber Company on a state owned two-acre site in Brantley County, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. (c) That this conveyance and exchange shall not take place prior to the above-mentioned new building being completed by Johns Timber Company and accepted by the Georgia Forestry Commission. Article 2. Section 2. (a) That the State of Georgia is the owner of the above-described real property located in Fannin County,

Page 739

Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. (b) That the above-described real property located in Fannin County, Georgia, shall be conveyed by appropriate instrument to the City of Blue Ridge, Georgia, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Article 3. Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987. CITY OF PERRY CONVEYANCE OF STATE OWNED PROPERTY. No. 38 (House Resolution No. 280). A RESOLUTION Authorizing the conveyance of certain state owned property to the City of Perry; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Perry, Houston County, Georgia, currently under the custody and management of the Georgia Bureau of Investigation; and

Page 740

WHEREAS, said real property is described as: All that tract or parcel of land situate, lying and being in Land Lot 275 of the Thirteenth Land District of Houston County, City of Perry, Georgia, and being Parcel A consisting of 0.43 acre of land according to a plat of survey prepared by Richard L. Jones on March 14, 1979, a copy of said plat being recorded in Map Book 22, page 221, Clerk's office, Houston Superior Court. Said property is bounded and described as follows: BEGINNING at the intersection of the northwesterly right-of-way line of South Street and southwesterly right-of-way line of Sears Road and thence running south 44 degrees 38 minutes 00 seconds west along the northwesterly right-of-way of South Street 125 feet to a point; thence running north 45 degrees 09 minutes 10 seconds west 150 feet to a point; thence running north 44 degrees 38 minutes 00 seconds east 125 feet to a point, said point being on the southwesterly right-of-way of Sears Road; thence running south 45 degrees 09 minutes 10 seconds east along the southwesterly right-of-way line of Sears Road 150 feet to the point of beginning; and WHEREAS, this property was donated to the State of Georgia in 1979 by the City of Perry; and WHEREAS, the Georgia Bureau of Investigation has utilized this property as a regional office site; however, because of increased service demands and staff growth since the office was built, the Georgia Bureau of Investigation needs to relocate their facilities to provide additional space to better serve the citizens of the City of Perry, Houston County, and the surrounding area; and WHEREAS, the Georgia Bureau of Investigation has agreed to convey the above-described.43 acre site and improvements to the City of Perry, provided that the City of Perry will contribute property and construction costs in an amount equal to the fair market value of the present GBI site in the construction cost of a new GBI facility; and

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WHEREAS, the City of Perry would like to obtain the present GBI facility for city use in conjunction with the new State Agricultural Exposition property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the above-described real property and improvements shall be conveyed by appropriate instrument to the City of Perry, Georgia, by the State of Georgia, acting by and through the State Properties Commission, in exchange for the City of Perry contributing real property and construction costs with respect to the construction of a new GBI facility in an amount equal to the fair market value of the present state owned property and facility comprising the regional office of the GBI; provided, however, that the terms of such exchange are approved by the Georgia Bureau of Investigation and the State Properties Commission. Such conveyance shall be upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3. That this conveyance and exchange shall not take place until the provisions and obligations of this resolution have been agreed to by the City of Perry and the Georgia Bureau of Investigation. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1987.

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JOEL E. SCOTT BUILDING AT THE GEORGIA WAR VETERANS NURSING HOME DESIGNATED. No. 39 (House Resolution No. 298). A RESOLUTION Providing for the Joel E. Scott Building at the Georgia War Veterans Nursing Home; and for other purposes. WHEREAS, Joel E. Scott dedicated most of his adult life to serving the veterans of Georgia in various capacities and achieved an admirable record of public service; and WHEREAS, his career with the Georgia Department of Veterans Service began in 1956 where he was employed as the manager of the Cartersville field service office, and at the time of his untimely death on July 14, 1986, he was one of the three area supervisors and was responsible for overseeing 18 field service offices in 48 North Georgia counties; and WHEREAS, Joel E. Scott served the National American Legion as a long-time member of the Economic Commission on the Veterans Preference Committee and represented the American Legion as the Veterans Representative on the Dean's Committee at Emory University Hospital; and WHEREAS, it is only fitting that the outstanding contributions of Joel E. Scott to the veterans of Georgia be properly recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Veterans Service is authorized and directed to designate the present Georgia War Veterans Nursing Home in Augusta, Georgia, as the Joel E. Scott Building and the department shall affix an appropriate plaque at the entrance of the building identifying it as the Joel E. Scott Building. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Joel E. Scott and to the Department of Veterans Service. Approved April 2, 1987.

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CITY OF SAVANNAH CONVEYANCE OF STATE OWNED PROPERTY OF THE CITY. No. 40 (Senate Resolution No. 19). A RESOLUTION Authorizing the conveyance of certain state owned property located in the City of Savannah, Chatham County, Georgia, to the City of Savannah; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the City of Savannah, Chatham County, Georgia; and WHEREAS, said real property is described as: A portion of a 2.5 acre portion of a recombination of Lot A-2 of a subdivision of the Poplar Grove Tract, Mingledorff Ward, Savannah, Chatham County, Georgia, and more particularly described as.11 acre on a plat of survey prepared for the Mayor and Aldermen of the City of Savannah dated December 2, 1986, by Calvin R. Pace, Georgia Registered Land Surveyor No. 2152, a copy of which is on file in the office of the State Properties Commission; and WHEREAS, the property is no longer useful to or needed by the Department of Labor or the State of Georgia and therefore is surplus; and WHEREAS, the Department of Labor plans to construct an office building on a 2.5 acre tract adjacent to subject parcel; and WHEREAS, the city plans to improve and widen White Bluff Road, which fronts the above-mentioned proposed Department of Labor office building site; and WHEREAS, the City of Savannah has agreed with approval by the Department of Transportation to include the construction

Page 744

of improvements to White Bluff Road and Hampstead Avenue intersection that will benefit the ingress/egress to the new Department of Labor office building site; and WHEREAS, the City of Savannah needs this above-mentioned state owned property to include this area in their road improvement project. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the above-described real property shall be conveyed by appropriate instrument to the City of Savannah by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 3, 1987.

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MUNICIPAL GAS AUTHORITY OF GEORGIA CREATION. Code Sections 46-4-80 through 46-4-125 Enacted. No. 634 (House Bill No. 328). AN ACT To amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to create the Municipal Gas Authority of Georgia as an institution of purely public charity performing an essential governmental function; to authorize the authority as sole owner or in common with others to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing the storage, acquisition, production, distribution, exploration, transmission, purchase, sale, exchange, or interchange of gas and to acquire, construct, and equip all property and things necessary or convenient for the purposes of such projects and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and to impose duties on the authority; to provide for the membership of the authority and the nomination and selection thereof; to authorize the authority and certain political subdivisions of the state to execute contracts for the use of such projects and facilities and the services thereof and to enforce the performance thereof; to authorize the issuance of revenue bonds of the authority payable from the revenues and other funds of the authority in order to provide sufficient funds to carry out any of its corporate purposes and powers; to authorize the collecting and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments relating to the authority's property in order to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the state nor of any political subdivision thereof; to make such bonds legal investments and to exempt the same and the income therefrom and interest thereon along with other property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to authorize the issuance

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of bond anticipation notes and to provide for the payment and terms thereof; to provide for payments in lieu of taxes on the authority's tangible property; to fix the venue and jurisdiction of actions; to provide for practices and procedures; 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. Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 46-4-80. The General Assembly finds that certain political subdivisions of this state now own and operate gas distribution systems to serve their citizens, inhabitants, and customers by providing them with gas for all purposes; and if such political subdivisions are to furnish, and if the members of the public in the areas they serve are to receive, adequate service, such political subdivisions must have adequate, dependable, and economical sources of gas supplies. The General Assembly declares that there exists in this state a need for an authority to function without profit in developing and promoting for the public good in this state adequate, dependable, and economical sources and supplies of gas for the purposes expressed in this Code section, and to assist in the financing of additions and other expenditures for the municipal gas systems of such political subdivisions. 46-4-81. As used in this article, the term: (1) `Authority' means the Municipal Gas Authority of Georgia and any successor thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article. (2) `Bond anticipation notes' or `notes' means obligations issued after validation of bonds and in anticipation of the issuance of the bonds as validated.

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(3) `Bonds' or `revenue bonds' means any bonds issued by the authority under this article, including refunding bonds. (4) `Cost of project' or `cost of construction' means all costs of construction; all costs of real and personal property required for the purposes of such project and facilities related thereto, including land and any leases, rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates, and the securing of such permits, approvals, licenses, and certificates and the preparation of applications therefor, and including all machinery and equipment, including equipment for use in connection with such construction; financing charges; working capital; interest prior to and during construction and during such additional period as the authority may determine; operating expenses during such period as the authority may determine; costs of engineering, architectural, and legal services; costs of plans and specifications and all expenses necessary or incidental to determining the feasibility or practicability of the project; costs of insurance or of selfinsuring any project; administrative expenses; amounts payable under any judgment against the authority; disposal costs; all costs associated with acquiring contract rights or other contractual arrangements for the short-term or long-term provision of gas supplies, including reserves, transmission, storage, peaking, or other services associated therewith, including prepayments for such; and such other expenses as may be necessary or incidental to the financing authorized by this article. All funds paid or advanced for any of the purposes mentioned in this paragraph by political subdivisions contracting with the authority prior to the issuance of any of the authority's bonds or notes may be refunded to such political subdivisions out of the proceeds of any bonds or notes so issued. The costs of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds

Page 748

or bond anticipation notes may be authorized. Any obligation or expense incurred for any of the purposes mentioned in this paragraph 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 or notes issued under this article for such project. (5) `Distribution' means the conveyance of gas to the ultimate consumer. (6) `Election committee' means the Municipal Gas Authority of Georgia Membership Election Committee, as created in Code Section 46-4-83. (7) `Exploration' means the processes, properties, activities, and facilities used for the discovery of deposits of gas, and the study and implementation of enhanced gas recovery methods. (8) `Gas' means either natural or synthetic gas, including propane, manufactured, methane from coal beds, geothermal gas, or any mixture thereof, whether in gaseous or liquid form, or any byproduct resulting therefrom. (9) `Production' means the physical activities, processes, properties, and facilities for development, manufacture, synthesis, production, coal gasification, extraction, gathering, or storage of gas or conversion of one form of gas to another. (10) `Project,' `undertaking,' or `facility' means any plant, works, system, facility, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, and any contract rights, relating to the storage, acquisition, exploration, production, distribution, enrichment, transmission, purchase, sale, exchange, or interchange of gas and relating to the acquisition, extraction, conversion, transportation, storage, or reprocessing of fuel of any kind for any such purposes, or any interest in, or right to the use, services, enrichment, output, or capacity of any such plant, works, system, or facilities. `Project' or `undertaking' as used in this paragraph is intended to include contracts and contract rights as well as tangible property.

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(11) `Storage' means any process, properties, activities, or facilities used to hold, store, or maintain gas. (12) `System' means those properties, facilities, projects, contractual rights, or combination thereof of the authority which are designated by the authority as constituting a specific combination for the purposes of financing such or for the purposes of providing gas supplies or services to a specified group of political subdivisions or to a specified geographic area. (13) `Transmission' means the transfer of gas from its acquisition site to, between, or among cities or municipal gas agencies or other persons with whom they may contract, but does not include distribution, except where incidental or necessary to transmission. 46-4-82. There is created a public body corporate and politic to be known as the Municipal Gas Authority of Georgia, which shall be a public corporation of the State of Georgia and shall have a perpetual existence. This authority, however, shall not be a political subdivision of the state, but shall be an instrumentality of the state, a mere creature of the state, having distinct corporate entity and being exempt from Article 2 of Chapter 17 of Title 50. The authority shall have its principal office in Fulton County, and its legal situs or residence for the purpose of this article shall be Fulton County. 46-4-83. (a) The authority shall consist of nine members. The first nine members shall be elected as provided in this Code section. (b) On or before June 16, 1987, each of those political subdivisions which have, prior to such date, by proper resolution of their respective governing bodies, declared their intention to contract with the authority for the purchase of all or some substantial portion of its gas supply (other than short-term purchases) shall designate one person, who shall be a resident of the State of Georgia, as its representative on a body to be known as the `Municipal Gas Authority of Georgia Membership Election Committee,' provided that at least five political subdivisions have declared their intention

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to contract with the authority. All such resolutions of declaration of intention to contract with the authority shall be presented to the election committee at its first meeting, which shall be held in the office of the Georgia Municipal Association at 11:00 A.M. on June 23, 1987. (c) At its first meeting, the election committee shall organize and shall elect a chairman and such other officers as may be desirable in the determination of the election committee. The election committee shall then determine the sufficiency of the resolutions presented to it and shall determine the number of votes (including fractions thereof) which each representative to the election committee shall be entitled to cast in accordance with Code Section 46-4-87. Nominations for membership on the authority shall then be received by the election committee prior to adjournment of its first meeting. (d) The election committee shall then meet for the second time on June 30, 1987, at the same time and at a place designated by the election committee at its initial meeting to receive any other nominations to the authority that may be made. A vote shall then be taken; and the nine nominees receiving the largest number of votes cast by a quorum of the election committee, as such quorum is determined by subsection (c) of Code Section 46-4-87, shall be declared the first nine members of the authority. Insofar as may be consistent with the remaining provisions of this Code section, in the election of the first nine members, the three nominees receiving the highest number of votes shall be elected to terms of three years; the three nominees receiving the next highest number of votes shall be elected to terms of two years; and the three nominees receiving the next highest number of votes shall be elected to terms of one year. Any tie votes shall be resolved by lot in such manner as shall be prescribed by the election committee. (e) Notwithstanding any other provision of this Code section to the contrary, in the event it should be mathematically necessary in the election of the members of the authority for two members to be residents of the same political subdivision, then one of the two members who are residents of the same political subdivision shall be elected for an initial term

Page 751

of one year. In the event there are four political subdivisions from which two residents must be elected, one of the residents of one of such political subdivisions shall be elected for an initial term of two years. 46-4-84. Each member of the authority shall be a resident of one of the political subdivisions represented on the election committee, but, insofar as is mathematically possible, no two members shall reside in the same political subdivision. Representatives to the election committee shall be eligible for membership on the authority. Members shall be eligible to succeed themselves. 46-4-85. Upon the expiration of the terms of the first members of the authority, members shall be elected for three-year terms, provided that in the year in which a member's term is to expire, the term shall not expire until the adjournment of the annual meeting for that year and until a successor is elected. The election committee shall meet at a date not more than 30 days prior to each annual meeting of the authority and shall elect members to fill the terms which will expire at the conclusion of such annual meeting. 46-4-86. (a) Each political subdivision contracting with the authority for all or a substantial portion of its gas supply (other than short-term purchases) following the election of the first nine members of the authority shall designate a representative to the election committee no more than 30 days following the execution of such contract by and between the authority and such political subdivision. The term of such additional representative shall begin with the next meeting of the election committee. (b) Representatives to the election committee shall serve at the pleasure of the governing body of the political subdivision which appointed them. 46-4-87. (a) In elections held by the election committee to elect members to the authority, each political subdivision entitled to representation on the election committee shall have and shall be entitled to have its representative on the election committee cast: (1) one whole vote; (2) plus an additional vote or votes (including fractions thereof) to be determined

Page 752

by arriving at a percentage by dividing the number of MCF per day of contract demand purchased by the respective political subdivision during the immediately preceding calendar year by the total number of MCF per day of contract demand purchased by all such political subdivisions during the immediately preceding calendar year and applying such percentage to the total number of political subdivisions entitled to representation on the election committee; and (3) plus an additional vote or votes (including fractions thereof) to be determined by arriving at a percentage by dividing the annual quantity of MCF purchased by the respective political subdivision during the immediately preceding calendar year by the total of the annual quantities of MCF purchased by all such political subdivisions during the immediately preceding calendar year and applying such percentage to the total number of political subdivisions entitled to representation on the election committee. (b) At such time as contracts or facilities of the authority are placed in commercial operation, as determined by the authority, and gas is being supplied by the authority to political subdivisions contracting with the authority, then and thereafter each such political subdivision entitled to representation on the election committee shall have and shall be entitled to have its representative on the election committee cast: (1) one whole vote; (2) plus an additional vote or votes (including fractions thereof) to be determined by arriving at a percentage by dividing the number of MCF per day of contract demand purchased from the authority by the respective political subdivision during the immediately preceding calendar year by the total number of MCF per day of contract demand purchased from the authority by all such political subdivisions during the immediately preceding calendar year and applying such percentage to the total number of political subdivisions entitled to representation on the election committee; and (3) plus an additional vote or votes (including fractions thereof) to be determined by arriving at a percentage by dividing the annual quantity of MCF purchased from the authority by the respective political subdivisions during the immediately preceding calendar year by the total of the annual quantities of MCF purchased from the authority by all such political subdivisions during the immediately preceding calendar year and applying such percentage

Page 753

to the total number of political subdivisions entitled to representation on the election committee. (c) The presence at any meeting of the election committee of representatives entitled to cast two-thirds of the total votes to which the election committee shall be entitled shall constitute a quorum of the election committee. The authority is authorized to round fractional votes to the nearest 1/1000. 46-4-88. Any vacancy in the membership of the authority shall be filled by a new member who shall be elected by the remaining members of the authority and who shall serve until the next meeting of the election committee. At the first meeting of the election committee following the filling of such vacancy, the election committee shall elect a member to fill the remainder, if any, of the unexpired term for which such vacancy was filled. Upon such election by the election committee, the membership on the authority of the member previously elected by the remaining members of the authority to fill such vacancy shall terminate. 46-4-89. The authority shall elect from among its membership a chairman, a vice chairman, a secretary-treasurer, and an assistant secretary-treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and qualified. 46-4-90. At all meetings of the authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. No vacancy in the membership of the authority shall impair the right of such majority to exercise all the rights and perform all the duties of the authority. If at any meeting there is less than a majority present, a majority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with subsection (c) of Code Section 46-4-91, provided that if the time element of subsection (c) of Code Section 46-4-91 cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practicable. 46-4-91. (a) The annual meeting of the authority shall be held on the anniversary date of the first meeting of the

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authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the authority. (b) Special meetings of the authority may be called by resolution of the authority, by the chairman or vice chairman, or upon the written request of at least three members of the authority. (c) Written notice of all meetings shall be delivered to each political subdivision contracting with the authority and to each member of the authority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days prior to the date of such meeting in the case of special meetings. (d) Notice of a meeting of the authority need not be given to any member who signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place or time of the meeting or to the manner in which it has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transaction of business. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the authority need be specified in the notice or the waiver of notice of such meetings. (e) In addition to the annual meeting of the authority, regular meetings of the authority may be established by resolution of the authority; and no notice, other than notice of the adoption of such resolution conveyed to any member of the authority who was absent when it was adopted, shall be required for such meeting, except for the notice required by subsection (c) of this Code section. 46-4-92. The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may retain, employ, and engage all necessary staff and

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personnel, including professional and technical supervisors, assistants, and experts and other agents and employees, whether temporary or permanent, as it may require. Any one or more of such persons so engaged may be designated as an additional assistant secretary-treasurer of the authority and may be given the duties of keeping the books, records, and minutes of the authority; of giving all notices required by Code Sections 46-4-90, 46-4-91, and 46-4-93; and, in the absence of or in lieu of the secretary-treasurer, of performing all other functions of the secretary-treasurer. Officers designated by the authority pursuant to this Code section shall serve at the pleasure of the authority. 46-4-93. The election committee shall have the power to remove from office any member of the authority for cause after written notice and public hearing. 46-4-94. The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings; of all income and receipts of every nature; and of all expenditures of every kind. 46-4-95. The purpose of the authority shall be: (1) to acquire or construct, or to acquire and construct, and to operate and maintain, or to cause to be constructed, operated, and maintained, systems, projects, and facilities for the storage, acquisition, exploration, production, distribution, transmission, purchase, sale, exchange, or interchange of gas; and (2) in addition thereto, to take all other necessary or desirable actions in order to provide or make available an adequate, dependable, and economical supply of gas and related services to those political subdivisions of this state identified in Code Section 46-4-100 which may desire the same and, incidentally and so as to take advantage of economies of scale, in the storage, acquisition, exploration, production, distribution, transmission, purchase, sale, exchange, or interchange of gas to other persons and entities. 46-4-96. (a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this article including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and defend in all courts;

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(2) To adopt and to alter a corporate seal; (3) To acquire in its own name, inside and outside this state, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain in accordance with any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under Article 2 of Chapter 2 of Title 22 or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; and to use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purposes thereof. The power to acquire, use, and dispose of property provided in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party, whether public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned under this article except from the funds provided under the authority of this article and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action as may be just to the authority and to the owners of the property to be condemned. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the state or of any political subdivision or public corporation of the state, the appropriate state authorities, in the case of lands controlled by the state, or the governing authorities of such political subdivisions or such public corporations are authorized to convey such lands to the authority for such consideration, not exceeding reasonable value, as may be agreed upon by the authority, as grantee,

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and by the appropriate state authorities or by the governing body of such political subdivision or by such public corporation, as grantor, taking into consideration the public benefit to be derived from such conveyance; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (5) To acquire, by purchase or otherwise, in whole or in part, inside or outside this state, as provided in paragraph (3) of this Code section, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others or as agent, facilities and projects for the storage, acquisition, exploration, production, distribution, transmission, purchase, sale, exchange, or interchange of gas; to acquire and to provide, by sale or otherwise, an adequate, dependable, and economical gas supply to political subdivisions of this state contracting with the authority pursuant to the authority of Code Section 46-4-100; and, through such political subdivisions, to supply such gas to the members of the public in the areas served by them; and, as agent for such political subdivisions, to secure gas contracts and arrangements with other persons. The authority shall also have the power, which may be exercised either as principal or as agent, to manufacture, store, and transmit gas for light, heat, power, and energy; to manufacture, buy, sell, import, export, lease, or otherwise acquire and generally deal in gas apparatuses of all kinds and machinery and devices and materials and fossil fuels for the manufacture, storage, and transmission of gas for light, heat, power, and energy; to purchase gas at retail or wholesale from any other person; to purchase or construct part of the capacity of projects or facilities sponsored and owned by or in common with others, making any such purchase at wholesale or retail inside or outside this state; to contract for the purchase of gas from, or the sale of gas to, the United States government and gas utility systems either privately or publicly owned, inside or outside this state; to execute long-term or short-term gas purchase

Page 758

or sale contracts on terms which may include agreements with respect to resale rates and the disposition of revenues; to interchange, exchange, store, and purchase gas from any person; to erect, buy, lease, or otherwise acquire, operate, and maintain gas lighting and heating projects; to transmit gas both for itself and on behalf of others; to erect, buy, sell, lease, or otherwise acquire, maintain, and operate or cause to be maintained and operated plants, underground subways, conduits, and pipelines above, upon, and under the streets, alleys, lands, and territories of political subdivisions, public or private corporations, or individuals; and to continue to sell gas to political subdivisions of this state which are authorized to contract with the authority pursuant to Code Section 46-4-100 and to other persons and entities inside or outside this state and, as agent for any or all of the same, to make gas otherwise available to them through arrangements with other persons, all in the exercise of the powers of the authority and to effectuate the purposes of this article; (6) To designate one or more systems in effectuating any of its purposes; (7) To contract with the state and its agencies, instrumentalities, and departments; with those political subdivisions of the state which are authorized to contract with the authority pursuant to Code Section 46-4-100; and with private persons and corporations inside or outside this state. This power includes the making of contracts for the construction of projects, which contracts for construction may be made either as sole owner of the project or as owner, in common with other public or private persons, of any divided or undivided interest therein; and is further intended to include, without limitation, the making of contracts for the purchase, sale, exchange, interchange, pooling, transmission, distribution, or storage of gas and fuel of any kind for any such purposes, inside and outside the State of Georgia, in such amounts as it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, on such terms and for such period of time, not exceeding 50 years, as the authority

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shall determine; and is further intended to include, without limitation, the making of contracts for furnishing gas supply development services and management services to political subdivisions contracting with the authority pursuant to Code Section 46-4-100. (8) To exercise any one or more of the powers, rights, and privileges conferred by this article either alone or jointly or in common with one or more other parties or utilities, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of gas projects or facilities, the authority may own an undivided interest in such facilities with any other parties, whether public or private. The authority may enter into agreements with respect to any such gas exploration, storage, manufacturing, distribution, or transmission facility with the other parties participating therein, and any such agreement may contain such terms, conditions, and provisions consistent with this article as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such gas exploration, storage, manufacturing, or transmission facility by any one or more of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto. Such an agreement may also include provisions for methods of determining and allocating among or between the parties the costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such facility. In carrying out its functions and activities as such agent with respect to the construction, operation, and maintenance of such facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity, and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding any other law to the contrary, pursuant to the terms of any such agreement the authority may delegate its powers and duties with respect to

Page 760

the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the authority without further action or approval by the authority; (9) To accept, receive, and administer gifts, grants, appropriations, and donations of moneys, materials, and property of any kind, including loans and grants from the United States government or the State of Georgia or any agency, department, authority, or instrumentality of either, upon such terms and conditions as the United States government, the State of Georgia, or such agency, department, authority, or instrumentality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (10) To invest any accumulation of its funds and any sinking fund or reserves in any manner that the authority considers prudent, including entering into hedging, options, and future transactions, notwithstanding any other law of this state relating to investment of public funds, and to purchase its own bonds and notes; (11) To employ such investment and money-management techniques as the authority shall determine to be prudent and not inconsistent with this article or the other laws of the state; (12) To do any and all things necessary to reduce the cost of gas furnished to political subdivisions contracting with the authority including, without limitation, entering into interest rate swaps and other arrangements for restructuring the authority's capitalization; (13) To provide management, technical, financial, informational, promotional, and educational services to and for the benefit of the political subdivisions; (14) To do any and all things necessary or proper for the accomplishment of the objectives of this article and to exercise any power usually possessed by private

Page 761

corporations performing similar functions which is not in conflict with the Constitution and laws of this state, including: (A) Employment of professional and administrative staff and personnel and retaining of legal, engineering, and other professional services; (B) The purchase of all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (C) The borrowing of money for any of the corporate purposes of the authority, provided that obligations of the authority other than revenue bonds for which provision is made in this article shall be payable from funds of the authority other than any special fund allocated to the payment of revenue bonds, and shall not be a charge against such special fund; (D) The power to idemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (E) The power to act as self-insurer with respect to any loss or liability; and (15) To issue its revenue bonds as provided in this article in evidence of its indebtedness incurred with respect to the powers described in this article, such bonds to be payable from the revenues, receipts, and earnings of the projects or systems of the authority and other available funds thereof; to execute trust agreements or indentures; to sell, convey, pledge, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds; and to provide for the payment of the same and for the rights of the owners thereof. (b) Notwithstanding any other provision of this article, the authority shall not have the power or authority to engage in the distribution or sale of gas or the transmission of gas to an ultimate consumer thereof, irrespective of whether such

Page 762

consumer is a public or private person or other entity, and irrespective of whether the authority acts alone, in conjunction with, on behalf of, or as an agent for another or others in any such transaction. 46-4-97. The authority shall not operate or construct any project for profit, except insofar as any such profit will inure to the benefit of the public. The authority shall fix the rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in amounts sufficient, together with all other funds of the authority, to pay the principal or purchase price of and premium, if any, and interest on bonds and all other indebtedness and contractual obligations of the authority; to provide for maintenance and operation of the authority and of its projects; to provide for payment of any judgment against the authority; and to maintain such reserves as shall have been created in amounts sufficient in the judgment of the authority for the security of the bonds and other obligations; and for the improvement, replacement, or expansion of the facilities or services of the authority or to provide fuel for its projects. 46-4-98. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity performing an essential governmental function. (b) (1) The property of the authority is declared, and shall in all respects be considered, to be public property. Title to the authority's property shall be held by the authority only for the benefit of the public; and the use of such property pursuant to this article shall be and is declared to be for essential public and governmental purposes, that is, for the promotion of public general welfare in the matter of providing an adequate, dependable, and economical gas supply in an effort to better the general condition of society in this state, which promotion is declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society. (2) (A) It is recognized, however, that removal from local tax digests of the value of all property owned

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by the authority might impose an unfair burden on many taxpayers whose property is taxable. In the interest of weighing these benefits and concerns and arriving at an equitable policy regarding treatment of authority property, the General Assembly finds and declares that equity requires that the authority should rightfully make payments in lieu of taxes so that the authority may fulfill its good and public purposes without incidental harm to the state's local governments. (B) The authority shall make payments in lieu of taxes on its tangible property as provided in this Code section. It shall file a return within the same time and in the same form and manner as public utilities. The taxing authorities shall assess the tangible property of the authority which is made subject by this Code section to payments in lieu of taxes in accordance with the law and procedures applicable to public utilities and shall apply to such assessments in each year in which any such payments are due the appropriate millage levies of the state and of the political subdivisions in which such property is located in order to arrive at the amounts of the respective payments in lieu of taxes. The authority shall be notified of the amounts of the payments in lieu of taxes due and shall pay such amounts to the state and its respective political subdivisions within the time in which payments of taxes by public utilities are allowed or required. (c) Except as specifically provided for in this Code section for payments in lieu of taxes, all property of the authority, all income, obligations, and interest on the bonds and notes of the authority, and all transfers of such property, bonds, or notes shall be and are declared to be exempt from taxation by the state or any of its political subdivisions. 46-4-99. (a) The authority may contract with any political subdivision of this state which is authorized by Code Section 46-4-100 to make such contracts for the payment of such rates, tolls, fees, and charges as may be prescribed by the authority for the use by such subdivisions or the

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residents thereof of the services, projects, and facilities of the authority, including the purchase of gas supply planning and development services. Any such political subdivision shall have the right and power, by resolution of its governing body, to make such a contract; and the amounts contracted to be paid by such political subdivision to the authority under such a contract shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. (b) Any such political subdivision which enters into such a contract pursuant to this article shall, annually in each and every fiscal year during the term of such contract, include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. (c) If for any reason a provision or appropriation pursuant to subsection (b) of this Code section is not made, then the fiscal officers of such political subdivision are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of an appropriation made under this subsection in each fiscal year shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract; and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made. (d) Any contract entered into pursuant to this Code section may provide for the purchase of gas from one or more projects or from a system and may provide for all of the gas requirements of the political subdivision's municipal gas system or for a portion of such requirements or may provide

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for the purchase by the political subdivision of a specified portion of the output or volume of a particular project. (e) Any such contract may provide that the political subdivision is obligated to make payments, whether or not a project is completed, operable, or operating; whether or not the output, volume, capacity, or service of a project is suspended, interrupted, interferred with, reduced, or curtailed; whether or not the gas or services contracted for are furnished, made available, or delivered; and regardless of the performance or nonperformance of the authority or another political subdivision under the contract or any other instrument. (f) Any such contract may provide that if another political subdivision or other person defaults in the payment of its obligations, then the political subdivision that is party to such contract is required to pay for, is entitled to, and may use or otherwise dispose of its proportionate share of the output that was to be purchased by the defaulting political subdivision or other person. (g) Loans made to a political subdivision pursuant to Code Section 46-4-101 shall be for use in the municipal gas system of such political subdivision, and such loan shall be made and repaid, with interest, on such terms as the authority and political subdivision shall agree. (h) Any such contract may obligate the political subdivision to pay such amounts as the authority may determine as necessary or desirable to establish reserves for rate stabilization purposes. 46-4-100. The political subdivisions with which the authority shall be authorized to contract to provide a gas supply pursuant to this article shall be those political subdivisions of this state which own and operate a gas distribution system. 46-4-101. (a) When the authority desires to issue revenue bonds as permitted by this article, the authority shall, prior to the adoption of a resolution authorizing the issuance of such bonds, enter into one or more contracts with no less than five political subdivisions which are authorized to contract

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with the authority in accordance with Code Section 46-4-100. All such contracts shall be in accordance with Code Section 46-4-99. (b) The acquisition, construction, reconstruction, improvement, equipping, alteration, repair, or extension of any project, and the issuance, in anticipation of the collection of the revenues from such project, of bonds to provide funds to pay the cost thereof, may be authorized under this article by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be laid over or published or posted. The authority, in determining such cost, may include all costs and estimated costs of the issuance of the bonds; all engineering, inspection, fiscal, and legal expenses; the interest which it is estimated will accrue during the construction period and during such additional period as the authority may determine on money borrowed, or which it is estimated will be borrowed pursuant to this article; and all costs included in the definition of `cost of project' as defined in Code Section 46-4-81. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligation of any nature owed by the authority, whether or not such bonds or other obligations shall then be subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. Such bonds may also be issued for the purpose of loaning the proceeds thereof to political subdivisions for use in their municipal gas systems and to finance any other corporate purposes of the authority. (c) Revenue bonds may be issued under this article in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 50 years from their respective dates; may bear interest at such rate or rates, that may be fixed or may vary in accordance with a specified formula or method of determination, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or fully registered without coupons; may be issued in any specific amounts;

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may carry such registration, conversion, and exchangibility privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and upon such terms and conditions as shall be determined by the authority. The authority may arrange for insurance contracts, surety bonds, letters of credit, lines of credit, commitments to purchase or other liquidity or credit support mechanisms and may remarket bonds to provide security to assure timely payment of bonds. The authority may by resolution delegate to such officers, employees, or agents as the authority's members may select the power to authorize the issuance and sale of bonds and fix, within limits prescribed in the resolution, the time and manner of their sale, maturities, date or rates of interest and other terms and conditions the officer, employee, or agent considers appropriate. (d) The bonds shall be signed by the chairman or other authorized officers of the authority; the corporate seal of the authority shall be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds shall be attested by the signature of the secretary-treasurer or assistant secretary-treasurer of the authority. The coupons, if any, shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond, note, or other debt security issued by the authority may be by facsimile if the instrument is authenticated or countersigned by a trustee or other authenticating agent other than the authority itself or an officer or employee of the authority. All bonds or notes issued under authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim receipts, in such form and

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with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this article. (e) Any bond resolution authorizing the issuance of bonds and any indenture or trust agreement entered into under this article to finance in whole or in part the acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project may contain covenants as to: (1) The rates, fees, tolls, or charges to be charged for the services, facilities, and commodities of the project or system; (2) The use and disposition of the revenue to be derived from the project or system; (3) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof, including debt service reserve; renewal and replacement or other capital improvement reserve, including reserves for the provision of fuel; and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by the bond resolution or trust agreement or indenture pursuant to which the issuance of such bonds may be authorized; (4) The purposes to which the proceeds of the sale of said bonds may be applied, and the use and disposition of such proceeds; (5) Events of default and the rights and liabilities arising thereupon, the terms and conditions upon which bonds issued under this article shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived; (6) The issuance of other additional bonds or instruments payable from or a charge against the revenue of such project or system;

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(7) The insurance to be carried thereon and the use and disposition of insurance proceeds; (8) Books of account and inspection and audit thereof; (9) Limitations or restrictions on the power to lease or otherwise dispose of the project while any of the bonds or interest thereon remains outstanding and unpaid; and (10) The operation and maintenance of the project or system, and of the authority. (f) The provisions of this article and of any bond resolution, indenture, or trust agreement entered into pursuant to this article shall be a contract with every holder of the bonds; and the duties of the authority under this article and under any such bond resolution, indenture, or trust agreement shall be enforceable by any bond holder by mandamus or other appropriate action or proceeding at law or in equity. (g) The authority shall give notice to the district attorney of the Atlanta Judicial Circuit of its intention to issue its revenue bonds, setting forth the fact of service of such notice, the principal amount of bonds to be issued, the purpose for which the same are to be issued, whether the bonds are to be issued in separate series or installments from time to time, the interest rate or rates which such bonds are to bear, the amount of principal to be paid in each year during the life of the bonds or the method or formula by which such amounts shall be determined, the date by which all bonds are to be paid in full, and the security to be pledged to the payment of the bond; provided, however, that such notice, in the discretion of the authority, in lieu of specifying the rate or rates of interest which the bonds are to bear, may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in the notice or the maximum rate permitted, at any time, by law, or, in the event the bonds, or any series or installment thereof, are to bear different rates of interest for different maturity dates, may state that none of such rates will exceed the maximum rate specified in the notice;

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provided, further, that nothing in this subsection shall be construed as prohibiting or restricting the right of the authority to sell the bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in the notice to the district attorney. Such notice shall be signed by the chairman, vice chairman, or secretary-treasurer. (h) Within 20 days after the date of service of the required notice, the district attorney shall prepare and file in the office of the clerk of the Superior Court of Fulton County a complaint directed to the Superior Court of Fulton County in the name of the state and against the authority, setting forth the fact of service of such notice, the amount of the bonds to be issued, for what purpose they are to be issued, whether the bonds are to be issued in separate series or installments from time to time, the interest rate or rates they are to bear or the maximum rate or rates of interest, the amount of principal and interest to be paid annually or the method or formula by which the amount of such payments shall be determined, and the date by which all bonds are to be paid in full. In addition, the district attorney shall obtain from the judge of the court an order requiring the authority by its proper officers to appear at such time and place as the judge may direct, either during a session of court or in chambers, within 20 days after the filing of the complaint, and show cause, if any, why the bonds should not be confirmed and validated. Such complaint and order shall be served upon the authority in the manner provided by law; and to such complaint the authority shall make sworn answer at or before the date set in the order for the hearing. (i) Prior to the hearing of the cause, the clerk of the Superior Court of Fulton County shall publish in the official organ of Fulton County once during each of the two weeks immediately preceding the week in which the hearing is to be held a notice to the public that, on the day specified in the order providing for the hearing of the cause, the same will be heard. (j) Within the time prescribed in the order or at such other time as he may fix, the judge of the superior court shall proceed to hear and determine all questions of law

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and of fact in the cause, including the question of whether the contractual obligations which are made a condition precedent to the issuance of such bonds by subsection (a) of this Code section have been properly incurred; and the judge shall render judgment on the cause. Any citizen of this state may become a party to the proceedings at or before the time set for the hearing. Any party who is dissatisfied with the judgment of the court confirming and validating the issuance of the bonds and the security therefor or refusing to confirm and validate the issuance of the bonds and the security therefor may appeal from the judgment under the procedure provided by Article 2 of Chapter 6 of Title 5. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. (k) In the event no appeal is filed within 30 days after the date of the judgment of validation, or, if an appeal is filed, in the event the judgment is affirmed on appeal, the judgment of the superior court so confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive upon the validity of the bonds and the security therefor. (l) Bonds issued under this article shall bear a certificate of validation signed with the facsimile or manually executed signature of the clerk of the Superior Court of Fulton County stating the date on which the bonds were validated as provided in this Code section; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (m) The authority shall reimburse the district attorney for his actual costs of the case, if any. For every $5,000.00 in principal amount of bonds or portion thereof, there shall be payable to the clerk of the Superior Court of Fulton County the following fees for validation and confirmation: First $500,000.00 $ 1.00 $501,000.00 - $2,500,000.00 .25 All over $2,500,000.00 .10 (n) Any other law to the contrary notwithstanding, this article shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by revenue bonds.

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(o) Nothing in this article shall prohibit the authority from issuing bonds, the interest on which is includable in gross income of the owners thereof for federal income tax purposes. 46-4-102. (a) When payments which are made by political subdivisions pursuant to contracts entered into under subsection (a) of Code Section 46-4-99 are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the authority and shall also make parties defendant to such action every political subdivision which has contracted with the authority for the use of the facilities, commodities, and services of the project, if any, for which bonds shall be sought to be validated and issued. In addition, where the bonds are to be issued to finance a project, every other party, whether public or private, contracting with the authority in any manner with relation to the operation of such project, and particularly with relation to any common ownership of such project or to the supplying of gas to the authority or the taking or purchasing of gas from the project, shall be made parties defendant. (b) All such parties defendant shall be served and shall be required to show cause, if any exists, why such contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the matters and conditions imposed on the parties to such contracts and all such undertakings thereof adjudicated to be valid and binding on the parties thereto. (c) Notice of such proceedings shall be included in the notice of validation hearing required by subsection (i) of Code Section 46-4-101 to be issued and published by the clerk of the Superior Court of Fulton County. In addition to such notice required to be published in Fulton County, such notice shall also be published in a newspaper or newspapers of general circulation in the State of Georgia, once a week during each of the two weeks immediately preceding the week of the hearing. (d) Any citizen resident of this state may, at or before the time set for the validation hearing, intervene in the validation proceedings conducted in the Superior Court of Fulton

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County pursuant to Code Section 46-4-101 and may assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of any political subdivision and of all citizens, residents, and property owners of the state. (e) No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. (f) An adjudication as to the validity of any such contract which adjudication is unexcepted to within 30 days after the date of the judgment of validation or, if an appeal is filed, which adjudication is confirmed on appeal shall be forever conclusive and binding upon such political subdivisions and the resident citizens and property owners of this state. 46-4-103. In all cases where the authority has adopted a resolution for the issuance of revenue bonds, and where notice has been duly served upon the district attorney for the purpose of securing a judicial validation of such bonds and the security therefor, and where, in such case, there has been a failure on the part of such district attorney or other officer to proceed within the time prescribed by this article, it shall be competent for the authority to represent such facts in writing to the court and to represent further that such failure has been without fault on the part of the authority. In such case, the Superior Court of Fulton County shall have power and authority to inquire into the facts; and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of the authority, it shall be the duty of the court to pass an order directing such district attorney to proceed within ten days to file a complaint as authorized by this article. Thereafter, the proceedings shall be held in the same manner as would have been followed had such petition been duly and promptly filed in the first instance. 46-4-104. The bonds authorized by this article shall be securities in which: (1) All public officers and bodies of this state;

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(2) All political subdivisions of this state; (3) All insurance companies and associations, and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whatsoever who are authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds shall also be securities which may be deposited with and shall be received by all public officers and bodies of this state and its political subdivisions for any purpose for which deposit of the bonds or other obligations of this state is authorized. 46-4-105. (a) All or any part of the gross or net revenues and earnings derived from any particular project or system and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular project for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall become due;

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(2) The principal of the bonds as the same shall mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same. 46-4-106. (a) In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign any or all revenue, receipts, and earnings to be received by the authority and any proceeds which may be derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, tolls, charges, or revenues for the use of the services or facilities of the project or system necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the acquisition of property for and the construction

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of the project and regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of the project and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. (d) Such resolution, trust agreement, or indenture may set forth the rights and remedies of the bond owners and of the trustee; may restrict the individual right of action of any bond owner in such manner as is customary in securing bonds and debentures of corporations; and may contain such other provisions as the authority may deem reasonable and proper for the security of the bond owners. (e) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust agreement or indenture. 46-4-107. (a) Proceeds of the bonds issued under authority of this article shall be used solely for the purpose of financing corporate purposes of the authority, including the payment of the cost of projects and the loaning of proceeds to political subdivisions, and shall be disbursed upon requisition or order of such person and under such restrictions as the resolution authorizing the issuance of such bonds or the trust agreement or indenture may provide. (b) If the proceeds of such bonds, including all series or installments of such issue, by error of calculation or otherwise, are less than the cost of projects or the cost of other purposes financed thereby, then, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement or indenture, additional bonds may in like manner be issued, subject to the requirements of subsection (a) of Code Section 46-4-101 to provide the amount of such deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement or indenture, such additional bonds shall be deemed

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to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued for the same purpose. (c) If the proceeds of the bonds of any issue exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest of such bonds. (d) In the discretion of the authority, revenue bonds of a single issue or series or installment of such issue may be issued for the purpose of paying the cost of any one or more projects. 46-4-108. (a) If any bond becomes mutilated or is lost, stolen, or destroyed, the authority may execute and deliver, and the trustee may authenticate, a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed; which new bond shall have the same provisions in all respects as those on the bond mutilated, lost, stolen, or destroyed, provided that: (1) In the case of any mutilated bond, such bond is first surrendered to the authority or to the trustee; (2) In the case of any lost, stolen, or destroyed bond, there is first furnished evidence of such loss, theft, or destruction satisfactory to the authority and the trustee, together with indemnity satisfactory to the authority and the trustee; (3) All other reasonable requirements of the authority and the trustee are complied with; and (4) Expenses in connection with such transaction are paid. (b) Any bonds surrendered for exchange shall be canceled. (c) The authority shall be authorized to print the new bond with the validation certificate bearing the facsimile

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signature of the clerk of the superior court then in office, and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issuance of any such new bonds shall be with the authority and not with such clerk; and such clerk shall have no liability in the event an overissuance occurs. 46-4-109. Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding. 46-4-110. Unless otherwise directed by the authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked `canceled' and shall be delivered by the paying agent making payment thereof to the authority, whereupon the evidence of indebtedness or the interest coupon shall be destroyed and a certificate of destruction shall be filed in the records of the authority. 46-4-111. The fiscal officer of the authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, destruction, and every other relevant transaction. 46-4-112. The authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. The authority may make such provisions respecting paying agents as it deems necessary or useful and may enter into a contract with any paying agents containing such terms, including its compensation, and such conditions in regard to the paying agents as the authority deems necessary or useful. 46-4-113. (a) The authority shall have the power and is authorized, whenever revenue bonds of the authority have

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been validated as provided in Code Section 46-4-101, to issue from time to time its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, regardless of whether the notes to be renewed have matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. (b) Any resolution authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. (c) All notes shall be general obligations of the authority, payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding, provided that there may be specially pledged to the payment of such notes the proceeds to be derived from the issuance of the validated bonds in anticipation of the issuance of which the notes have been issued. (d) Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. (e) Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. 46-4-114. Notwithstanding any other law to the contrary, every evidence of indebtedness issued under this article shall have all the rights and incidences of negotiable instruments, subject to provisions for registration. 46-4-115. (a) Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.

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(b) Neither the revenue bonds or notes issued under this article nor the instruments evidencing the obligations which constitute the security therefor shall constitute a debt of, a loan by, or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof. Rather, such bonds and notes shall be payable from the revenues of the authority as provided in the resolutions, trust agreements, or indentures authorizing or securing the issuance and payment of such bonds or notes. The issuance of such bonds or notes shall not obligate the state or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or note, and no receiver or trustee in connection therewith, shall have the right to enforce the payment of the bond or note against any property of the state or of any political subdivision thereof; nor shall any such bond or note constitute a charge, lien, or encumbrance, whether legal or equitable, upon any such property. (c) All such bonds and notes shall contain on their face a recital setting forth the complete immunity of the state and any political subdivisions from liability thereon, which recital shall contain substantially the foregoing provisions of this Code section. 46-4-116. While any of the bonds or notes issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights of the owners of such bonds or notes; and no other authority, instrumentality, or body will be created or empowered to compete with the authority so as to affect adversely the interests and rights of the owners of such bonds or notes; nor will the state itself so compete with the authority. This article shall be for the benefit of the state, the authority, and every owner of the authority's bonds and notes and, upon and after the issuance of bonds or notes under this article, shall constitute an irrevocable contract by the state with the owners of such bonds and notes. 46-4-117. (a) If the authority defaults on the payment of the principal or interest on any of the revenue bonds after

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the same become due, whether at maturity or upon call for redemption, and such default continues for a period of 30 days, or if the authority or its officers, agents, or employees fail or refuse to comply with the essential provisions of this article or default in any material respect on any agreement made with the holders of the revenue bonds, any holders of revenue bonds or a trustee therefor shall have the right to apply in an appropriate judicial proceeding to the Superior Court of Fulton County for the appointment of a receiver of the undertaking, regardless of whether all revenue bonds have been declared due and payable, and regardless of whether such holder or trustee therefor is seeking or has sought to enforce any other right or exercise any remedy in connection with such revenue bonds. Upon such application, the court, if it deems such action necessary for the protection of the bondholders, may appoint a receiver for the undertaking, provided that such appointment shall be mandatory if the application is made by the holders of 25 percent in principal amount of such revenue bonds then outstanding, or by any trustee for holders of such revenue bonds in such principal amount. (b) A receiver appointed pursuant to subsection (a) of this Code section shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the project or of such portion thereof or interest therein as is owned by the authority. If the court so directs, the receiver may wholly exclude from the project the authority, its officers, agents, and employees, and all persons claiming under them. Upon taking possession of the project, the receiver shall have, hold, use, operate, manage, and control the same and each and every part thereof and, in the name of the authority or otherwise, as the receiver may deem best, shall exercise all of the rights and powers of the authority with respect to the undertaking as the authority itself might do. The receiver shall maintain, restore, insure, and keep insured the project or such portion or interest therein as is owned by the authority; from time to time shall make all such necessary or proper repairs as the receiver may deem expedient; shall establish and maintain rates and collect such fees, tolls, and other charges in connection with the project as the receiver may deem necessary or proper and reasonable; and shall collect and receive all revenues, shall deposit the same in a separate

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account, and shall apply such revenues so collected and received in such manner as the court shall direct, provided that the duties of the receiver as described in this subsection shall be performed in a manner consistent with any and all existing contractual arrangements to which the authority may be a party; and the powers of the receiver shall be no greater than the powers of the authority. (c) Whenever all amounts due upon the revenue bonds and interest thereon have been cured and made good; and whenever a similar cure and making good has been effected in regard to any other notes, bonds, or other obligations, and interest thereon, which constitute a charge, lien, or encumbrance on the revenues of the project under any of the terms of any covenants or agreements with holders of revenue bonds; then, if it appears to the court that no default is imminent, the court shall direct the receiver to surrender possession of the project to the authority, provided that the same right of the holders of the revenue bonds to secure the appointment of a receiver as is provided in subsection (a) of this Code section shall exist upon any subsequent default. (d) A receiver shall, in the performance of the powers conferred upon him by this Code section, act under the direction and supervision of the court making such appointment, shall at all times be subject to the orders and decrees of such court, and may be removed thereby. Nothing contained in this Code section shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as the court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth in this Code section. 46-4-118. (a) For the purpose of earning sufficient revenue to make possible the financing with revenue bonds of the construction of the projects of the authority or the accomplishment of its corporate purposes, the authority is authorized to fix and revise rates and collect fees, tolls, and charges on each project which it causes to be acquired or constructed or on the systems. Such rates, fees, tolls, and charges to be paid for the use of the facilities or services of such projects or systems shall be so fixed and adjusted from time to time

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as to provide a fund which, together with other revenue, if any, of such projects or of the authority, will be sufficient: (1) To pay: (A) The costs of operating, maintaining, repairing, and disposing of the projects, including reserves for insurance and extraordinary repairs, reserves required by the resolution, or other reasonable reserves established by the authority trust agreement, or indenture pertaining to such bonds and the issuance thereof, unless such costs shall be otherwise provided for; (B) The costs of operating and conducting the business of the authority, including salaries; fees for professional services, including legal, engineering, and others; and all expenses properly relating to the conduct of the affairs of the authority; (C) The costs of gas, whether produced by the authority or acquired from others; and (D) All other costs associated with the operation and maintenance of the authority and its projects and facilities; (2) To pay the principal of and interest on such revenue bonds as the same become due, including all premiums, if any, the proceeds of which shall have been or will be used to pay the cost of such projects, which cost shall include all elements of cost authorized by this article, including acquisition of property, whether real or personal, and any interest in property; clearing and preparing land for the purposes of this article; architectural, engineering, financial, and legal services; construction of projects authorized by this article; administrative expenses; funds for initiating the operation of the project; and interest prior to and during construction and during such period of time thereafter as may be determined by the authority; (3) To comply with any sinking fund requirements contained in the resolution, trust agreement, or indenture pertaining to the issuance of and security for such bonds;

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(4) To perform fully all provisions of such resolution, trust agreement, or indenture relating to the issuance of or security for such bonds to the payment of which such revenue is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution, trust agreement, or indenture or by the requirements of achieving ready marketability of and low interest rates on such bonds; and (6) To pay expenses in connection with such bond issue or such projects, including, but not limited to, trustees and fiscal fees. (b) The rates, fees, tolls, and charges authorized by subsection (a) of this Code section shall be payable at such intervals as may be agreed upon and set forth in the contract providing therefor. Any such contract may provide for the commencement of payments, not necessarily based directly on rates, to the authority prior to the completion of the undertaking by the authority of any such project and may require payments for the establishment of reserves for rate stabilization purposes; may provide for the making of payments during such times as such projects may be partially or wholly not in use, whether or not any such project has been completed, is then operable, or is operating; and may provide that such payments shall not be subject to any reduction, by offset or otherwise, and shall not be conditioned upon the performance or nonperformance by any party of any agreement. (c) Such contract may obligate the political subdivision to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the project, and may also obligate the political subdivision to undertake, at the expense of the political subdivision, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the project. (d) In the event of any failure or refusal on the part of the political subdivision to perform punctually any covenant

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or obligation contained in any such contract, the authority may enforce performance by any legal or equitable process, including specific performance. (e) Any payments due or to become due to the authority pursuant to any such contract may be assigned by the authority to a trustee or paying agent as may be required by the terms of the resolution, trust agreement, or indenture relating to the issuance of and security for such bonds. (f) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. 46-4-119. All funds received pursuant to authority of this article, whether as proceeds from the sale of revenue bonds or as revenues, fees, tolls, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this article. The bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided in any such resolution, trust agreement, or indenture of the authority. 46-4-120. The authority, together with all funds established in connection with its debt, shall be audited no less frequently than annually by an independent certified public accountant to be selected by the authority. Copies of such audit shall be available upon request to interested parties, including, but without limitation, the holders of the authority's bonds and all parties contracting with the authority. 46-4-121. Any action to protect or enforce any rights under this article brought in the courts of this state shall be brought in the Superior Court of Fulton County. Any action pertaining to validation of the bonds issued under this article and pertaining to validation of the contracts constituting security for bonds shall also be brought in the Superior Court of Fulton County. That court shall have exclusive original jurisdiction of any action referred to in this Code section.

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46-4-122. (a) The rates, services, and practices relating to the exploration, manufacture, development, storage, production, transmission, and sale by the authority of gas as authorized by this article shall not be subject to the provisions of the Georgia Public Service Commission law nor to regulation. (b) The provisions of this article do not, and are not intended to, increase or diminish the authority and jurisdiction of the Public Service Commission with respect to the distribution, sale, or transmission of gas by any county, municipal corporation, or other political subdivision of this state. 46-4-123. Meetings of the authority shall be subject to Chapter 14 of Title 50. All records of the authority shall be subject to Article 4 of Chapter 18 of Title 50. 46-4-124. The provisions of this article shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers conferred by any other law. 46-4-125. This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987.

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ELECTIONS UNIFORM MUNICIPAL ELECTION DATE; BIENNIAL ELECTIONS; TERMS OF MUNICIPAL OFFICES; CODE REVISIONS. Code Sections 21-3-50 through 21-3-53 Revised. Code Sections 21-3-60 through 21-3-64 Enacted. No. 635 (House Bill No. 202). AN ACT To amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform municipal election date; to provide for certain biennial elections; to provide for transitional terms for municipal offices; to provide for four-year terms for municipal offices; to preserve commencement of certain terms by ordinance; to authorize the General Assembly to provide for expiration of certain terms and for two-year terms and concurrent or staggered terms for municipal offices by local Acts; to authorize and require the Secretary of State to prepare necessary Code revisions; 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. Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, is amended by repealing Article 3, relating to the dates of primaries and elections generally, in its entirety and inserting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 Part 1 21-3-50. Whenever any political party shall hold a municipal primary to nominate candidates for offices to be filled in the ensuing municipal election, the same shall be held at least four weeks prior to the general municipal election. Notice of such primary shall be publicly issued by the municipal

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or other appropriate party executive committee at least 20 days prior to such primary. 21-3-51. (a) For all general municipal elections occurring before January 1, 1993, the date of the municipal election shall be specified by the charter of the municipality or, if not so specified, then by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the election. (b) Effective January 1, 1993, all general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Public notice of such elections shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the elections. 21-3-52. Whenever any political party shall hold a special primary to nominate candidates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least 15 days prior to such special primary. 21-3-53. The date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality. Part 2 21-3-60. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of four years or greater as of January 1, 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992 as follows: (1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993;

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(2) Municipal offices elected in 1990 shall have their terms expire December 31, 1995; (3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and (4) Municipal offices elected in 1992 shall have their terms expire December 31, 1997. (b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of four years or greater as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1989, 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64: (1) Municipal offices elected in 1989 shall have their terms expire at the first organizational meeting in January, 1994; (2) Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1996; (3) Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996; and (4) Municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January, 1998. For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organizational meeting in January following a municipal election

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if the municipalities have filed ordinances as provided under this subsection. 21-3-61. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of either three years or one year as of January 1, 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992 as follows: (1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993; (2) Municipal offices elected in 1990 shall have their terms expire December 31, 1993; (3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and (4) Municipal offices elected in 1992 shall have their terms expire December 31, 1995. (b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of three years or less as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1989, 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64: (1) Municipal offices elected in 1989 shall have their terms expire at the first organizational meeting in January, 1994; (2) Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1994;

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(3) Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996; and (4) Municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January, 1996. For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organizational meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection. 21-3-62. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of two years as of January 1, 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1990, 1991, and 1992 as follows: (1) Municipal offices elected in 1990 shall have their terms expire December 31, 1993; (2) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and (3) Municipal offices elected in 1992 shall have their terms expire December 31, 1995. (b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of two years as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:

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(1) Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1994; (2) Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996; and (3) Municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January, 1996. For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organizational meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection. 21-3-63. Effective January 1, 1993, all municipal offices to be elected in the November, 1993, general municipal election and biennially thereafter shall be for terms of four years, unless otherwise provided by local law in accordance with Code Section 21-3-64. The terms for municipal offices elected in the November, 1993, general municipal election and biennially thereafter shall commence on January 1 following the year of a general municipal election or as otherwise provided in subsection (b) of Code Section 21-3-60, subsection (b) of Code Section 21-3-61, or subsection (b) of Code Section 21-3-62. If a municipal officer's term ends on or after January 1, 1993, but prior to the first organizational meeting in 1994, and such municipal office is to be filled by a general municipal election in 1993, then that officer shall continue in office until December 31, 1993, or as otherwise provided by subsection (b) of Code Section 21-3-60, subsection (b) of Code Section 21-3-61, or subsection (b) of Code Section 21-3-62. 21-3-64. Notwithstanding Code Section 1-3-11, the General Assembly is authorized to provide by local law: (1) For municipal offices elected in a general municipal election in 1989, 1990, 1991, and 1992 to expire after or before the dates provided in Code Section 21-3-60,

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Code Section 21-3-61, or Code Section 21-3-62, provided that such expiration coincides with a municipal election in 1991, 1993, or biennially thereafter; (2) For terms of two years for municipal offices, with the local law designating the offices to be elected and the time periods covered by such terms for each office; and (3) For municipal offices to change from concurrent terms to staggered terms or from staggered terms to concurrent terms, with the local law designating the terms for each office. Section 2. Upon passage of this Act and its becoming law, the Secretary of State shall be authorized and required to prepare the necessary revisions in the Official Code of Georgia Annotated to bring before the General Assembly to carry out the purposes of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987.

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FAIR BUSINESS PRACTICES ACT OF 1975 CONSUMER TRANSACTIONS REDEFINED; UNFAIR OR DECEPTIVE PRACTICES IN PURCHASE OF DWELLING PLACES; TENDER REQUIREMENT WAIVER IN PRIVATE ACTIONS FOR EQUITABLE RELIEF; OBLIGATIONS OF DEBTORS. Code Sections 10-1-392, 10-1-393, and 10-1-399 Amended. No. 636 (Senate Bill No. 278). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, so as to change the definition of the term consumer transactions; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices; to waive the tender requirements in private actions for equitable relief; to provide for obligations of debtors to certain lenders; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, is amended by striking paragraph (3) of subsection (a) of Code Section 10-1-392, relating to definitions and when intentional violation occurs, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) `Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. Section 2. Said part is further amended by striking the or at the end of paragraph (18); by striking the period at the end of paragraph (19) and substituting in lieu thereof ; or; and by adding a new paragraph (20) at the end of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, to read as follows:

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(20) (A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property; or (B) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase: (i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive; (ii) This contract shall contain a statement in boldface type which complies substantially with the following: `The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.' This statement shall be signed by the debtor and the buyer; and (iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it.

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(C) The provisions of subparagraph (B) of this paragraph shall only apply where all three of the following conditions are present: (i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and (iii) The debtor remains in possession of the property under a lease. Section 3. Said part is further amended by striking subsection (a) of Code Section 10-1-399, relating to private actions or claims for injunctions and damages, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any person who suffers injury or damages as a result of consumer acts or practices or as a result of office supply transactions in violation of this part or whose business or property has been injured or damaged as a result of consumer acts or practices or as a result of office supply transactions in violation of this part may bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful consumer acts or practices or in such unlawful office supply transactions under the rules of civil procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. Notwithstanding any other provisions of law, a debtor seeking equitable relief to redress an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, upon facts alleged showing a likelihood of success on the merits, may not, within the discretion of the court, be required to make a tender. Nothing in this subsection or paragraph (20) of subsection (b) of Code Section 10-1-393 shall be construed to interfere with the obligation of the debtor to a lender who is not in violation of paragraph (20) of subsection (b) of Code Section 10-1-393. A claim under this Code section

Page 797

may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. MENTAL HEALTH MENTALLY ILL, ALCOHOLIC, OR DRUG DEPENDENT INDIVIDUALS; DISPOSITION AFTER JUDICIAL HEARINGS; NONCOMPLIANCE WITH INVOLUNTARY OUTPATIENT TREATMENT; DISCHARGE TO INVOLUNTARY OUTPATIENT TREATMENT; EFFECTIVE DATE OF LAWS. Code Title 37, Chapters 3, 7, and 8 Amended. No. 637 (Senate Bill No. 24). AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of mentally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment; to change the provisions regarding the discharge of mentally ill, alcoholic, or drug dependent individuals to involuntary outpatient treatment; to change certain effective dates; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraph

Page 798

(3) of subsection (a) of Code Section 37-3-81.1, regarding the disposition of mentally ill patients after judicial hearings, and inserting in its place the following: (3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and: (A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or (B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-3-62; or. Section 2. Said title is further amended by striking Code Section 37-3-82, regarding noncompliance of mentally ill patients with the involuntary outpatient treatment plan, and inserting in its place a new Code section to read as follows: 37-3-82. (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician in charge of the patient's outpatient service plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician may execute a certificate under the conditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41. (b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code

Page 799

Section 37-3-91, the patient fails without good cause or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center, or in Code Section 37-3-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable. (c) With regard to a patient required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-3-41, but if the court knows that patient is required to obtain involuntary outpatient treatment, that court may issue such order only upon the court's determination, in addition to any other conditions for the issuance of that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient. (d) Any patient detained in a facility pursuant to this Code section shall not be required during that period of detention

Page 800

to obtain outpatient treatment required by any order which is then in effect and which was issued pursuant to this chapter. That order shall otherwise remain in full force and effect notwithstanding the patient's detention in or release from the facility unless that facility obtains a court order authorized by Code Section 37-3-81.1 which expressly supersedes the prior order. Section 3. Said title is further amended by striking subsection (a) of Code Section 37-3-91, relating to the discharge of mentally ill patients to involuntary outpatient treatment, and inserting in its place the following: (a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-3-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating facility shall occur no later than the expiration of the five-day evaluation period established under Code Section 37-3-64. Section 4. Said title is further amended by adding at the end of said Code Section 37-3-91 the following subsection: (e) Notwithstanding the provisions of subsection (a) of this Code section, a patient detained in a treatment facility pursuant to a certificate and petition under Code Section 37-3-81, whether or not that patient is subsequently determined by that facility during the time of such detention to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, may not be discharged from that facility until a full and fair hearing is held pursuant to Code Section 37-3-81.1, which hearing may not be waived by any patient so determined

Page 801

to meet all of such outpatient treatment requirements. Section 5. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 37-7-81.1, regarding the disposition of alcoholic or drug dependent individuals after judicial hearings, and inserting in its place the following: (3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and: (A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or (B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-7-62; or. Section 6. Said title is further amended by striking Code Section 37-7-82, regarding noncompliance of alcoholic or drug dependent individuals with the involuntary outpatient treatment plan, and inserting in its place a new Code section to read as follows: 37-7-82. (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician in charge of the patient's outpatient treatment plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician may execute a certificate under the conditions specified in subsection (a) of Code Section 37-7-41. That certificate shall have the

Page 802

same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41. (b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpatient treatment plan, the physician in charge of the outpatient treatment plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a community mental health center, or in Code Section 37-7-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable. (c) With regard to a patient required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-7-41, but if the court knows that patient is required to obtain involuntary outpatient treatment, that court may issue such order

Page 803

only upon the court's determination, in addition to any other conditions for the issuance of that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient. (d) Any patient detained in a facility pursuant to this Code section shall not be required during that period of detention to obtain outpatient treatment required by any order which is then in effect and which was issued pursuant to this chapter. That order shall otherwise remain in full force and effect notwithstanding the patient's detention in or release from the facility unless that facility obtains a court order authorized by Code Section 37-7-81.1 which expressly supersedes the prior order. Section 7. Said title is further amended by striking subsection (a) of Code Section 37-7-91, relating to the discharge of alcoholic or drug dependent individuals to involuntary outpatient treatment, and inserting in its place the following: (a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-7-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating facility shall occur no later than the five-day evaluation period established under Code Section 37-7-64. Section 8. Said title is further amended by adding at the end of said Code Section 37-7-91 the following subsection: (e) Notwithstanding the provisions of subsection (a) of this Code section, a patient detained in a treatment facility pursuant to a certificate and petition under Code Section

Page 804

37-7-81, whether or not that patient is subsequently determined by that facility during the time of such detention to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, may not be discharged from that facility until a full and fair hearing is held pursuant to Code Section 37-7-81.1, which hearing may not be waived by any patient so determined to meet all of such outpatient treatment requirements. Section 9. Said title is further amended by striking Code Section 37-8-53, relating to the effective date of certain articles in Chapter 8, and inserting in its place a new Code section to read as follows: 37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1989. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987.

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FINANCIAL INSTITUTIONSJUDICIAL PROCESS; COSTS IN COMPLYING WITH REQUESTS FOR PRODUCTION OF DOCUMENTS. Code Section 7-1-237 Amended. No. 638 (Senate Bill No. 80). AN ACT To amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, so as to provide for the reimbursement by the requesting party of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, is amended by striking in its entirety Code Section 7-1-237, relating to the reimbursement of costs incurred by financial institutions in complying with certain subpoenas, garnishments, and other court orders, and inserting in its place a new Code Section 7-1-237 to read as follows: 7-1-237. Any financial institution shall be reimbursed by the requesting party for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, garnishment, attachment, request for the production of documents, or court order where the financial institution is not a party to the action. Except as may otherwise be ordered by a judge of the court issuing the same, a financial institution shall have five business days from service of a subpoena within which to produce any books, papers, or records ordered produced pursuant to such subpoena. In the case of a garnishment

Page 806

or attachment of funds held by the financial institution, such reimbursement may be deducted prior to remission of such funds in response to the garnishment or attachment. Rates and conditions under which reimbursement may be made under this Code section shall be prescribed by regulations of the department. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. WORKERS' COMPENSATION TERMINATION OF DEPENDENCY OF A PARTIAL DEPENDENT; TIME LIMITS FOR APPEALS; INSURERS TO MAINTAIN OFFICE AND AGENTS IN STATE; PECUNIARY LIABILITY OF EMPLOYERS; INCOME BENEFITS PAYMENT. Code Title 34, Chapter 9 Amended. No. 639 (Senate Bill No. 132). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of dependency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board; to require certain insurers to maintain an office and agents in this state for the purpose of handling claims and executing instruments for the payment of compensation; to limit the pecuniary liability of employers for certain treatment to such charges as prevail in the state; to require the payment of income benefits to residents of this state to be made in cash or by negotiable instrument drawn on a depository in this state; to provide for an exception; to

Page 807

provide that certain applicants must meet certain permitting requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (e) of Code Section 34-9-13, relating to the termination of dependency to whole and partial dependents, and inserting in lieu thereof a new subsection (e) to read as follows: (e) For the purpose of this chapter, the dependency of a spouse upon a deceased employee shall terminate with remarriage or cohabitation in a meretricious relationship; and for this purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship similar or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection (b) of this Code section. The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever is greater. Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-103, relating to an application for review made to the board, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If an application for review is made to the board within 20 days of notice of the award, all of the members shall review the evidence or, if deemed advisable, shall hear the parties at issue and their representatives and witnesses as soon as practicable and shall then make and file an award in the manner specified in Code Section 34-9-102, together with their ruling of law in the case. A copy of the award so made on review shall immediately be sent to the parties at dispute. All of the members may remand to a single member

Page 808

or deputy director any case before them for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the full board in rendering any decision or award in the case. Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-105, relating to procedures for appeal to superior court from board decisions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board or deputy directors, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred without the state, to the superior court of the county in which the original hearing was had, in the manner hereafter outlined, and upon the following grounds: the party conceiving himself to be aggrieved may file an application in writing with the board asking for an appeal from any such order or decree, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed, the board shall, within 30 days from the filing of the appeal, cause certified copies of all documents and papers then on file on the matter and a transcript of all testimony taken therein to be transmitted with its findings and order or decree to the clerk of the superior court to which the case is appealable, as provided in this subsection. The cause so appealed may then be brought by either party upon ten days' written notice to the other, before the superior court for a hearing upon such record, subject, however, to an assignment of the case for hearing by the court. Section 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-131, relating to application for permit and hearing thereon by board, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The application for such permit shall set forth such facts as the board may, by regulation, require. The board

Page 809

is authorized to prescribe the form of the permit and to provide by regulation for a hearing upon such application. Upon the filing of such application, the board shall have such hearing thereon as may be provided for by regulation and shall grant a permit if, in its discretion, the applicant is qualified, financially and otherwise, to carry on such insurance business. Upon obtaining said permit, the insurer shall designate and maintain an office in the State of Georgia for the handling of claims or shall designate an agent located in the State of Georgia who shall be authorized to execute instruments for the payment of compensation. Section 5. Said chapter is further amended by striking in its entirety Code Section 34-9-203, relating to employer's pecuniary liability for medical attention, and inserting in lieu thereof a new Code Section 34-9-203 to read as follows: 34-9-203. The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the board, shall be limited to such charges as prevail in the State of Georgia for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons; and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to this chapter, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such. Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the timing of payment of income benefits, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made in cash or negotiable instrument drawn on a Georgia depository, except where an application for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the

Page 810

permitting requirements of subsection (b) of Code Section 34-9-131 or subsection (b) of Code Section 34-9-127. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. HAZARDOUS MATERIALS IMMUNITY FOR ASSISTING IN MITIGATING EFFECTS OF DISCHARGE OF HAZARDOUS MATERIALS. Code Sections 12-8-140 through 12-8-142 Enacted. No. 640 (Senate Bill No. 136). AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide immunity for providing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; 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. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 12-8-140. As used in this article, the term:

Page 811

(1) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (2) `Discharge' means leakage, seepage, or other release of hazardous materials on land or into a river, stream, lake, or other body of water or into the air. (3) `Hazardous materials' means any material which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (B) Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (4) `Person' means an individual, partnership, association, corporation, firm, or other entity. 12-8-141. (a) Except as otherwise provided in this Code section, no person who upon request provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials or in preventing, or in attempting to prevent, such a discharge shall be subject to civil liabilities or penalties of any type. (b) Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability of any person for damages or other civil liabilities or penalties of any type resulting from such person's gross negligence or from such person's reckless, wanton, or intentional misconduct. (c) Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability for damages or other civil or criminal liabilities or penalties of any type of any person whose conduct caused in whole or in part or contributed to such actual or threatened discharge of hazardous material.

Page 812

(d) Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability of any person for civil or criminal liabilities or penalties pursuant to Article 3 of this chapter or the legal responsibility of any person to comply with Article 3 of this chapter. (e) Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability for damages or other civil or criminal liabilities or penalties of any person, as defined herein, who receives or expects to receive compensation or any pecuniary benefit, directly or indirectly, from any source, other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice. 12-8-142. Any person who provides assistance or advice under subsection (a) of Code Section 12-8-141 shall file a written report with the director. The reports shall be filed within five days of the rendering of such assistance or advice and shall detail the assistance and advice rendered and, when applicable, the location and method of disposal of any hazardous materials disposed of as a part of such assistance or advice. This Code section shall not apply to any local, state, or federal agency or government nor to any employee thereof. 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 repealed. Approved April 3, 1987.

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CRIMES AND OFFENSES LITTERING; PENALTIES. Code Section 16-7-43 Amended. No. 641 (Senate Bill No. 151). AN ACT To amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, so as to change the provisions relating to penalties; to provide for applicability of this enactment regarding effect or abatement of status or prosecution; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach,

Page 814

public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. Section 2. This Act shall not affect or abate the status as a crime of any act or omission which occurred prior to the effective date of this Act, nor shall the prosecution of such crime be abated as a result of this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. GUARDIAN AND WARD STATE BOARD OF WORKERS' COMPENSATION; APPOINTMENT OF GUARDIANS FOR INCAPACITATED ADULTS ENTITLED TO WORKERS' COMPENSATION BENEFITS. Code Section 29-5-1 Amended. No. 642 (Senate Bill No. 187). AN ACT To amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to authorize the State Board of Workers' Compensation to appoint guardians for certain incapacitated adults who are entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such incapacitated adult; to provide for limitations on the authority of such guardians; to repeal conflicting laws; and for other purposes.

Page 815

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking Code Section 29-5-1, relating to appointment of guardians of persons or property, and inserting in its place a new Code Section 29-5-1 to read as follows: 29-5-1. (a) A judge of the probate court may appoint guardians for adult persons 18 years of age or older or their estates, or both, as follows: (1) A judge of the probate court may appoint guardians over the person of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that such adults lack sufficient understanding or capacity to make significant responsible decisions concerning their persons or to the extent that they are incapable of communicating them. (2) A judge of the probate court may appoint guardians over the property of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, detention by a foreign power, disappearance, or other cause, to the extent that such adults are incapable of managing their estates and that the appointment is necessary either because the property will be wasted or dissipated unless proper management is provided or because the property is needed for the support, care, or well-being of such adults or those entitled to be supported by such adults. (b) The State Board of Workers' Compensation is authorized to appoint a qualified guardian for an adult person 18 years of age or older who is incapacitated by any of the reasons enumerated in subsection (a) of this Code section and who shall be entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such person. The authority of any guardian appointed

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by the State Board of Workers' Compensation pursuant to this subsection shall be limited to the administration of such workers' compensation benefits and the settlement of workers' compensation claims. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. CIVIL PRACTICE DISCOVERY IN AID OF EXECUTION; PRODUCTION OF DOCUMENTS OR THINGS; ENTRY ON REAL PROPERTY. Code Section 9-11-69 Amended. No. 643 (Senate Bill No. 227). AN ACT To amend Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, so as to provide for additional discovery measures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 9-11-69. Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. In aid of the judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may do any or all of the following:

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(1) Examine any person, including the judgment debtor by taking depositions or propounding interrogatories; (2) Compel the production of documents or things; and (3) Upon a showing of reasonable necessity, obtain permission from a court of competent jurisdiction to enter upon that part of real property belonging to or lawfully occupied by the debtor which is not used as a residence and which property is not bona fide in the lawful possession of another; in the manner provided in this chapter for such discovery measures prior to judgment. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. BAD CHECKS DAMAGES AS A CIVIL REMEDY; SERVICE CHARGES; FORM OF NOTICE OF A DEMAND; VENUE. Code Section 13-6-15 Enacted. No. 644 (Senate Bill No. 256). AN ACT To amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, is amended by adding at the end of said chapter a new Code section, to be designated Code Section 13-6-15, to read as follows: 13-6-15. (a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within 30 days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. (b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $15.00 or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. (c) Before any recovery under subsection (a) or (b) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail to the maker of the instrument at the address shown on the instrument: `You are hereby notified that a check or instrument numbered , issued by you on (date), drawn upon (name of bank), and payable to , has been dishonored. Pursuant to Georgia law, you have 30 days from receipt of this

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notice to tender payment of the full amount of the check or instrument plus a service charge of $15.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $ . Unless this amount is paid in full within the 30 day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.' (d) For purposes of this Code section, the holder of the dishonored check, draft, or order shall file the action in the county where the defendant resides. (e) It shall be an affirmative defense, in addition to other defenses, to an action under this Code section if it is found that: (1) Full satisfaction of the amount of the check or instrument plus the applicable service charge was made prior to the commencement of the action; (2) The bank or depository erred in dishonoring the check or instrument; or (3) The acceptor of the check or instrument knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check or instrument to be honored. (f) In an action under this Code section, the court or jury may, however, waive all or part of the double damages upon finding that the defendant's failure to satisfy the dishonored check or instrument was due to the defendant receiving a dishonored check or instrument written to the defendant by another party. (g) Subsequent to the commencement of the civil action under this Code section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim an amount of money equal to the sum of the amount of the dishonored check, service charges on the check, and any court costs incurred by the plaintiff in taking the action.

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(h) In an action under this Code section, if the court or jury determines that the failure of the defendant to satisfy the dishonored check was due to economic hardship, the court or jury has the discretion to waive all or part of the double damages. However, if the court or jury waives all or part of the double damages, the court or jury shall render judgment against the defendant in the amount of the dishonored check plus service charges on the check and any court costs incurred by the plaintiff in taking the action. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987. WORKERS' COMPENSATION SUBSEQUENT INJURY TRUST FUND; LIMITATION ON REIMBURSEMENT; STANDARDS FOR RATE OF REIMBURSEMENT; REVIEW. Code Section 34-9-360 Amended. No. 646 (Senate Bill No. 312). AN ACT To amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent Injury Trust Fund, so as to provide for reimbursement of only those indemnity, medical, or rehabilitation expenses which an employer or insurer was legally obligated to pay to an employee or claimant; to provide for standards for the rate of reimbursement; to provide for review by the State Board of Workers' Compensation; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent Injury Trust Fund, is amended by adding a new subsection (f) to read as follows: (f) The fund shall reimburse only those indemnity, medical, and rehabilitation expenses that the employer or insurer was legally obligated to pay to the employee or claimant. The fund shall reimburse such expenses at a rate not exceeding the usual and customary charges. The administrator of the fund may refer any medical or rehabilitation expense to the State Board of Workers' Compensation for review and recommendation and, in the event of a dispute between the fund and the employer or insurer, the questioned medical and rehabilitation expense shall be referred to the State Board of Workers' Compensation for approval. This subsection shall apply to any claim filed against the fund on and after July 1, 1987. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1987.

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LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON GUARDS, AND PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANS INDEMNIFICATION FOR DEATH OR PERMANENT DISABILITY; PROCEDURES; APPROPRIATIONS; APPLICATIONS; TIME LIMITS. Code Sections 45-9-80 through 45-9-86 Amended. No. 647 (House Bill No. 10). AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty after a certain date; to provide indemnification for law enforcement officers, firemen, and prison guards who have been permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979; to change the provisions relating to the purpose of the article; to define certain terms; to change the definition of certain terms; to change the provisions relating to the establishment of the indemnification program; to change the composition of the Georgia State Indemnification Commission; to change the provisions relating to the authority of the General Assembly to make appropriations to the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the provisions relating to applications for indemnification; to provide procedures; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed

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or permanently disabled in the line of duty, is amended by striking in its entirety Code Section 45-9-80, relating to the purpose of said article, and inserting in lieu thereof a new Code Section 45-9-80 to read as follows: 45-9-80. The purpose of this article is to: (1) Implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973; (2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1973; and (3) Provide by law for the indemnification with respect to the death or permanent disability of publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to January 1, 1977. Section 2. Said article is further amended by striking in its entirety Code Section 45-9-81, relating to definitions under said Article 5, and inserting in lieu thereof a new Code Section 45-9-81 to read as follows: 45-9-81. As used in this article, the term: (1) `Commission' means the Georgia State Indemnification Commission. (2) `Emergency medical technician' includes only persons who: (A) Are certified as emergency medical technicians, advanced emergency medical technicians, or cardiac technicians by the Board of Human Resources; and

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(B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government. (3) (A) `Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) `Fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) `Fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (4) `In the line of duty' means: (A) With respect to an emergency medical technician, while on duty and when responding to an emergency

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or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment; (B) With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; (C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard. (5) `Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision. (6) `Permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception;

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(B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment. (7) `Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime. Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-82, relating to the establishment of an indemnification program, and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is established a program to provide for indemnification with respect to the: (1) 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; (2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently

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disabled in the line of duty subsequent to January 1, 1973; and (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1, 1977. Section 4. Said article is further amended by striking in its entirety Code Section 45-9-83, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof a new Code Section 45-9-83 to read as follows: 45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemen's Association. The Governor shall be the chairman of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes. Section 5. Said article is further amended by striking in its entirety Code Section 45-9-84.2, relating to the authority of the General Assembly to make appropriations to the Georgia State Indemnification Fund, and inserting in lieu thereof a new Code Section 45-9-84.2 to read as follows: 45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, and the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, as well as defraying the expenses and costs incurred by the commission in the administration of this article. In addition, the Fiscal Division of the Department of Administrative Services is authorized

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to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse. Section 6 . Said article is further amended by striking in its entirety Code Section 45-9-85, relating to payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows: 45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, or prison guard who in the line of duty: (1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if such killing is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if the permanent disability is not intentionally self-inflicted. (b) (1) Every law enforcement officer, fireman, emergency medical technician, and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification for death under this article. The designation shall be made to the commission in writing and on forms furnished by the commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method

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of payment shall not be effective until received by the commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum. (2) The beneficiary, in the case of a law enforcement officer, fireman, emergency medical technician, or prison guard permanently disabled in the line of duty, shall be the disabled officer, fireman, emergency medical technician, or guard. (3) Each law enforcement officer, fireman, emergency medical technician, or prison guard shall be authorized to designate one of the following methods of payment: (A) The payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or (B) Payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (4) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (5) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, or prison guard has

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been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the director of the Fiscal Division of the Department of Administrative Services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this article. Section 7 . Said article is further amended by striking in its entirety Code Section 45-9-86, relating to applications for indemnification, and inserting in lieu thereof a new Code Section 45-9-86 to read as follows: 45-9-86. (a) Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under the program may make application for indemnification to the commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian, or other individual authorized to administer his estate. (b) An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard. (c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently

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disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred. (d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently disabled subsequent to January 1, 1977, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability. Section 8 . If any provision of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987.

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TORTS LIMITATION OF LIABILITY FOR GLEANERS OR DONORS OF CANNED OR PERISHABLE FOOD AND CHARITABLE OR NONPROFIT ORGANIZATIONS. Code Section 51-1-31 Amended. No. 648 (House Bill No. 73). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of good-faith donors or gleaners of canned or perishable food, apparently fit for human consumption, to bona fide charitable or nonprofit organizations for use or distribution; to limit the liability of bona fide charitable or nonprofit organizations which accept canned or perishable food, apparently fit for human consumption, from good-faith donors or gleaners for use or distribution; to define certain terms; to provide for applicability; to provide for construction with respect to the authority of other agencies to regulate or ban the use of food for human consumption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by striking in its entirety Code Section 51-1-31, relating to the liability of persons donating food for use or distribution by nonprofit organizations, which reads as follows: 51-1-31. (a) A person, including but not limited to a farmer, processor, distributor, wholesaler, or retailer of food, who in good faith donates an item of food for use or distribution by a nonprofit organization shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food. (b) Nothing in this Code section is intended to limit any liability on the part of the donee nonprofit organization

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accepting food items under subsection (a) of this Code section., and inserting in lieu thereof a new Code Section 51-1-31 to read as follows: 51-1-31. (a) As used in this Code section, the term: (1) `Canned food' means any food which has been commercially processed and prepared for human consumption and which has been commercially packaged in such a manner as to remain nonperishable without refrigeration for a reasonable length of time. (2) `Donor' includes, but is not limited to, a farmer, processor, distributor, commercial food service operator, wholesaler, or retailer of food. (3) `Gleaner' means a person who harvests for use or distribution an agricultural crop that has been donated by the owner. (4) `Perishable food' means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. `Perishable food' includes, but is not limited to, table-ready food, cooked foods, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs, fresh fruits or vegetables, and foods that have been noncommercially or commercially packaged or that have been frozen or otherwise require temperature control to remain nonperishable for a reasonable length of time. (b) A good-faith donor or gleaner of any canned or perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the donor or gleaner. (c) A bona fide charitable or nonprofit organization which accepts any canned or perishable food, apparently fit

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for human consumption, from a good-faith donor or gleaner for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the charitable or nonprofit organization. (d) The provisions of this Code section apply to the good-faith donation of canned or perishable food not readily marketable due to appearance, freshness, grade, surplus, or other such considerations. (e) The provisions of this Code section shall not be construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of food for human consumption. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. EVIDENCE WITNESS FEES; LAW ENFORCEMENT OFFICERS; CIVIL CASES. Code Section 24-10-27 Amended. No. 649 (House Bill No. 127). AN ACT To amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide for the payment of fees to certain law enforcement officers who are required by writ of subpoena to attend any court of this state with respect to any civil case as witnesses concerning any matter relative to the law enforcement duties of such officers during any hours except the regular duty hours to which the officers are assigned; to

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provide for travel expenses under certain circumstances; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, is amended by striking in its entirety Code Section 24-10-27, relating to witness fees for police officers, and inserting in lieu thereof a new Code Section 24-10-27 to read as follows: 24-10-27. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, the sheriff, the superintendent of the institution, or the director of public safety of a college or university shall certify that the claimant has been paid no additional compensation nor given any time off on account

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of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day. (b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, the sheriff, the superintendent of the institution, or the director of public safety of a college or university shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the party obtaining the subpoena. (2) Any law enforcement officer covered by paragraph (1) of this subsection who is required by writ of

Page 837

subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the law enforcement duties of such officer, shall be compensated as provided in Code Section 24-10-24. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. CRIMES AND OFFENSES CRIMINAL TRESPASS BY MOTOR VEHICLE; PENALTY; MUNICIPAL ORDINANCES. Code Section 16-7-29 Enacted. No. 650 (House Bill No. 166). AN ACT To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or operates a motor vehicle in a privately owned parking area provided for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment; to provide for municipal ordinances; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, is amended by adding at the end of Part 1 thereof, relating to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:

Page 838

16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a law enforcement officer or by the owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if: (1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 150 parking spaces, each such sign containing the following information in easy to read printing: (A) Notice of the elements of the crime of criminal trespass by motor vehicle; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified; (B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area; (C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical

Page 839

for the motor vehicle to continue to travel on the public roads; or (D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner. (b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine: (1) Not to exceed $50.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; and (3) Not to exceed $150.00 for the third or subsequent such offense. (c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine: (1) Not to exceed $50.00 for the first such violation; (2) Not to exceed $100.00 for the second such violation; and (3) Not to exceed $150.00 for the third or subsequent such violation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987.

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CRIMES AND OFFENSES CONTROLLED SUBSTANCES; MARIJUANA; DANGEROUS DRUGS; USE OF MONEY, PROPERTY, OR PROCEEDS SEIZED OR FORFEITED PURSUANT TO FEDERAL LAW. Code Section 16-13-48.1 Enacted. No. 651 (House Bill No. 244). AN ACT To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the utilization of certain money, property, or proceeds therefrom seized or forfeited pursuant to federal law and transferred to law enforcement agencies of the state and political subdivisions thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by adding following Code Section 16-13-48, regarding cooperative arrangements with federal agencies, a new Code section to read as follows: 16-13-48.1. Money or property seized or forfeited pursuant to federal law regarding controlled substances, marijuana, or dangerous drugs, which money, property, or proceeds therefrom are authorized by that federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof, shall be utilized by the law enforcement agency or political subdivision to which the money, property, or proceeds are so transferred as provided by such federal law and regulations thereunder. Unless otherwise required by federal law or regulation, such funds shall be received and utilized as provided by Georgia law.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. CRIMINAL PROCEDURE DEMANDS FOR TRIAL. Code Section 17-7-170 Amended. No. 652 (House Bill No. 264). AN ACT To amend Code Section 17-7-170 of the Official Code of Georgia Annotated, relating to a demand for trial by an accused in a noncapital case, so as to make editorial corrections; to provide procedures and requirements for demands for trial; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-7-170 of the Official Code of Georgia Annotated, relating to a demand for trial by an accused in a noncapital case, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting his life may enter a demand for trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he may at any subsequent court term thereafter demand a trial. In either case, the demand for trial shall be served on the prosecutor and shall

Page 842

be binding only in the court in which the demand is filed, except where the case is transferred from one court to another without a request from the defendant. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. DISPOSSESSORY PROCEEDINGS REMOVAL OF TENANT'S MANUFACTURED HOME, MOBILE HOME, TRAILER, OR TRANSPORTABLE HOUSING; FEES; STORAGE COSTS; LIENS. Code Section 44-7-59 Enacted. No. 653 (House Bill No. 291). AN ACT To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for the removal from a landlord's property of a tenant's manufactured home, mobile home, trailer, or other transportable housing after the issuance of a writ of possession; to provide for fees and storage costs; to provide for liens; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by adding at the end of said article a new Code section, to be designated Code Section 44-7-59, to read as follows: 44-7-59. If the court issues a writ of possession to property upon which the tenant has placed a manufactured home,

Page 843

mobile home, trailer, or other type of transportable housing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be entitled to have such transportable housing moved from the property at the expense of the tenant by a motor common carrier licensed by the Public Service Commission for the transportaion of manufactured housing. There shall be a lien upon such transportable housing to the extent of moving fees and storage expenses in favor of the person performing such services. Such lien may be claimed and foreclosed in the same manner as special liens on personalty by mechanics under Code Sections 44-14-363 and 44-14-550, except that storage fees not to exceed $4.00 per day shall be expressly allowed. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. COUNTY LAW LIBRARIES LAW LIBRARIES FOR JUDGES OF SUPERIOR COURTS; ESTABLISHMENT; FUNDS; AGREEMENTS. Code Sections 36-15-7 and 36-15-9 Amended. No. 654 (House Bill No. 338). AN ACT To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide for the establishment of law libraries for judges of superior courts; to authorize expenditures of county law library funds; to provide for requests for libraries by the chief judge of a judicial circuit; to provide that each county board of trustees may decide, in its discretion, to authorize expenditures; to allow agreements among county boards of trustees within the judicial circuit regarding

Page 844

expenditures; to provide that purchases shall not duplicate books or materials otherwise provided to each superior court judge; to provide that purchases become the property of the chief judge of the circuit, to be passed on to his successor in office; to change the amount of additional costs which may be charged and collected; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by striking in its entirety Code Section 36-15-7, relating to the use of county law library funds, and inserting in its place a new Code Section 36-15-7 to read as follows: 36-15-7. (a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian. (b) In addition to the uses specified in subsection (a) of this Code section, the board of trustees of a county law library shall be authorized to use funds to establish a law library or libraries for the judges of the superior courts of the judicial circuit in which the county lies. A request for the establishment of one or more such libraries shall be made to the board of trustees by the chief judge of the judicial circuit with the assent of a majority of the superior court judges of the circuit. It shall be in the discretion of the board of trustees of each county whether to grant the request. Any one or more county boards of trustees in the judicial circuit may participate in the establishment of the law library or libraries and, for the purpose of such participation, may enter into agreements regarding the proportional share of expenditures to be borne by each county board of trustees. Purchases made from county law library funds under this subsection shall not duplicate the law books and materials supplied to each judge of superior court by the state or by other sources. Such purchases shall become the property of the chief judge

Page 845

of the judicial circuit and shall be passed on to his successor in office. (c) In the event the board of trustees determine in their discretion that they have excess funds, such funds shall be turned over to the county commissioners and said funds shall be used by the county commissioners for the purchase of fixtures and furnishings for the courthouse. (d) Except as provided in subsection (b) of this Code section, all law books, reports, texts, and periodicals purchased by the use of gifts and from the funds of the county law library shall become the property of the county. Section 2. Said chapter is further amended by striking the first paragraph of subsection (a) of Code Section 36-15-9, relating to the collection of additional costs in court cases, in its entirety and inserting in lieu thereof a new first paragraph of said subsection (a) to read as follows: For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $3.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except recorders' or police courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures

Page 846

fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. MOTOR VEHICLES LENGTH AND WIDTH LIMITS OF VEHICLES TRANSPORTING BOATS. Code Section 32-6-28 Amended. No. 655 (House Bill No. 445). AN ACT To amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions for motor vehicles, so as to authorize the Department of Transportation to issue permits for certain vehicles carrying boats; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions for motor vehicles, is amended by striking subparagraph (a)(1)(A) and inserting in lieu thereof a new subparagraph to read as follows: (A) The commissioner or an official of the department designated by the commissioner may, in his discretion, upon application in writing and good cause being shown therefor,

Page 847

issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987.

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PUBLIC OFFICERS AND EMPLOYEES PROHIBITED TRANSACTIONS WITH STATE AGENCIES; EXCEPTION FOR LEASES FOR SMALL BUSINESS AND ECONOMIC DEVELOPMENT OF LABORATORY AND RESEARCH FACILITIES OWNED BY THE BOARD OF REGENTS. Code Section 45-10-25 Amended. No. 656 (Senate Bill No. 268). AN ACT To amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception for transactions involving a lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not in use; 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 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, is amended by striking or at the end of paragraph (14) of subsection (a) thereof, by striking the period and inserting in its place ; or at the end of paragraph (15) of subsection (a) thereof, and by adding at the end of subsection (a) a new paragraph, to be designated paragraph (16), to read as follows: (16) Any transaction involving the lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not in use. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. BUSINESS, NONPROFIT, AND RAILROAD CORPORATIONS STANDARDS OF CARE OF OFFICERS AND DIRECTORS; LIMITATIONS OF LIABILITY; INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS; ADVANCEMENT OF EXPENSES OF LITIGATION. Code Sections 14-2-156, 14-2-171, 14-3-131, and 46-8-51 Amended. Code Sections 14-2-152.1, 14-3-113.1, and 46-8-55 Enacted. No. 657 (House Bill No. 209). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the standards of care and conduct for certain actions of officers and directors of certain corporations and provide for limitations of liability; to provide for applicability regarding the payment of taxes; to provide that officers and directors of non-profit corporations shall not be deemed trustees under certain circumstances; to change the provisions relating to indemnification of directors, officers, employees, or agents of certain corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to change the provisions relating to articles of incorporation and the contents thereof; to provide for the elimination or limitation of personal liability of corporate directors under certain circumstances; to provide for exceptions; to provide for practices and procedures; to amend Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of

Page 850

railroad companies, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of railroad corporations; to provide for the elimination or limitation of personal liability of railroad corporation directors under certain circumstances; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to provide procedures; to provide standards of care and conduct for railroad corporation directors and officers and provide for limitations of liability; to provide for applicability regarding the payment of taxes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by inserting immediately following Code Section 14-2-152 a new Code section, to be designated Code Section 14-2-152.1, to read as follows: 14-2-152.1. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or

Page 851

(C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection.

Page 852

(c) The general standards of care and conduct for actions of directors or officers of business corporations, which actions occur on or after the date this Code section becomes effective, shall be as provided in this Code section and not as provided in Code Section 14-2-152. (d) This Code section shall not relieve any director or officer from liability for the payment of taxes. Section 2. Said title is further amended by striking in its entirety Code Section 14-2-156, relating to indemnification of corporate officers, directors, employees, and agents, and inserting in its place a new Code Section 14-2-156 to read as follows: 14-2-156. (a) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding, if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. (b) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed

Page 853

action or suit by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation; except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper. (c) To the extent that a director, officer, employee, or agent of a corporation has been successful, on the merits or otherwise, in defense of any action, suit, or proceeding referred to in subsections (a) and (b) of this Code section or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith. (d) Any indemnification under subsections (a) and (b) of this Code section (unless ordered by a court) shall be made by the corporation only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b). Such determination shall be made: (1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding; (2) If such a quorum is not obtainable or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or

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(3) By the affirmative vote of a majority of the shares entitled to vote thereon. (e) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the corporation in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the corporation as authorized in this Code section. (f) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other rights, in respect to indemnification or otherwise, may be provided or granted to a director, officer, employee, or agent pursuant to this subsection by a corporation with respect to the liabilities described in divisions (b) (3) (A) (i) through (b) (3) (A) (iv) of Code Section 14-2-171. (g) A corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section. (h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action

Page 855

by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation, not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and in any event, within 15 months from the date of such payment, shall send in accordance with the manner specified in Code Section 14-2-113 to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation. (i) For purposes of this Code section, references to `the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (including any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code section permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section. (j) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person. Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-171, relating to

Page 856

articles of incorporation for business corporations, and inserting in its place a new subsection (b) to read as follows: (b) The articles of incorporation may, as a matter of election, also set forth: (1) Any provision, not inconsistent with law, for the regulation of the internal affairs of the corporation or for the restriction of the transfer of shares; (2) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and (3) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (i) For any appropriation, in violation of his duties, of any business opportunity of the corporation; (ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (iii) For the types of liability set forth in Code Section 14-2-154; or (iv) For any transaction from which the director derived an improper personal benefit. (B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. Section 4. Said title is further amended by inserting immediately following Code Section 14-3-113 a new Code section, to be designated Code Section 14-3-113.1, to read as follows: 14-3-113.1. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee:

Page 857

(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements,

Page 858

including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, investment bankes, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection. (c) A director or officer shall not be deemed to be a trustee with respect to the corporation or with respect to any property held or administered by the corporation, including, without limitation, property that may be subject to restrictions imposed by the donor or transferor of the property. (d) The general standards of care and conduct for actions of directors or officers of nonprofit corporations, which actions occur on or after the date this Code section becomes effective, shall be as provided in this Code section and not as provided in Code Section 14-3-113. (e) This Code section shall not relieve any director or officer from liability for the payment of taxes. Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-3-131, relating to articles of incorporation for nonprofit corporations, and inserting in its place a new subsection (b) to read as follows: (b) The articles of incorporation may, as a matter of election, also set forth:

Page 859

(1) Any provisions, not inconsistent with law, for the regulation of the internal affairs of the corporation, including, without limitation, provisions with respect to the relative rights or interest of the members as among themselves or in the property of the corporation; the manner of termination of membership in the corporation; the rights, upon such termination, of the corporation, the terminated member, and the remaining members; the transferability or nontransferability of membership; and the distribution of assets on dissolution or final liquidation; (2) If the corporation is to have one or more classes of members, any provision designating the class or classes of members and stating the qualifications and rights of the members of each class; (3) The names of any persons or the designations of any groups of persons who are to be the initial members; (4) A provision to the effect that the corporation shall be subordinate to and subject to the authority of any head or national association, lodge, order, beneficial association, fraternal or beneficial society, foundation, federation, or other nonprofit corporation, society, organization, or association; (5) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and (6) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;

Page 860

(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or (iii) For any transaction from which the director derived an improper personal benefit. (B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. Section 6. Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, is amended by striking in its entirety Code Section 46-8-51, relating to the indemnification by a railroad corporation of directors, officers, agents, or employees for certain legal expenses, and inserting in its place a new Code Section 46-8-51 to read as follows: 46-8-51. (a) A railroad company shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action or proceeding, if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action or proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

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(b) A railroad corporation shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, actually and reasonably incurred by him in connection with the defense or settlement of such action, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation; except that no indemnification shall be made in respect of any claim, issue, or matter as to which such person has been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action was brought determines upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper. (c) To the extent that a director, officer, employee, or agent of a corporation chartered under this chapter has been successful on the merits or otherwise in defense of any action or proceeding referred to in subsections (a) and (b) of this Code section, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection therewith. (d) Any indemnification under subsections (a) and (b) of this Code section, unless ordered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b) of this Code section. Such determination shall be made:

Page 862

(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action or proceeding; (2) If such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or (3) By the affirmative vote of a majority of the shares entitled to vote thereon. (e) Expenses incurred in defending a civil or criminal action or proceeding may be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it is ultimately determined that he is not entitled to be indemnified by the corporation as authorized in this Code section. (f) The indemnification and advancement of expenses provided by, or granted pursuant to, the other subsections of this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms, approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other right, in respect to indemnification or otherwise, may be provided or granted to a director, employee, officer, or agent by a corporation with respect to liabilities of the types described in paragraphs (1) through (4) of subsection (k) of this Code Section. (g) A railroad corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation, or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation,

Page 863

partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section. (h) If any expenses or other amounts are paid by way of indemnification other than by court order, by action by the shareholders, or by an insurance carrier pursuant to insurance maintained by the corporation, not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and, in any event, within 15 months from the date of such payment, the corporation shall send by first-class mail to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the person paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation. (i) For purposes of this Code section, references to `the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (including any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code section permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section. (j) The indemnification and advancement of expenses provided by, or granted pursuant to, this Code section shall,

Page 864

unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person. (k) The charter or articles of incorporation of a railroad corporation may, as a matter of election, also set forth a provision eliminating or limiting the personal liability of a director to the railroad corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (1) For any appropriation, in violation of his duties, of any business opportunity of the corporation; (2) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (3) For the types of liability set forth in Code Section 14-2-154; or (4) For any transaction from which the director derived an improper personal benefit. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. Section 7. Said part is further amended by adding at the end thereof a new Code section, to be designated Code Section 46-8-55, to read as follows: 46-8-55. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.

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(2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or

Page 866

(B) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection. (c) This Code section shall not relieve any director or officer from liability for the payment of taxes. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. GEORGIA ANTITERRORISTIC TRAINING ACT ENACTMENT; TEACHING OR DEMONSTRATING THE USE OF WEAPONS, EXPLOSIVES, OR INCENDIARY DEVICES. Code Sections 16-11-150 through 16-11-152 Enacted. No. 658 (House Bill No. 916). AN ACT To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a definition; to provide that it shall be unlawful to teach, train, or demonstrate to another person the use, application, or making

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of any illegal firearm, dangerous weapon, explosive, or incendiary device if one knows, has reason to know, or intends that such activity will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection; to provide that it shall be unlawful for persons to assemble for such purposes; to provide penalties; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new part, to be designated Part 4, to read as follows: Part 4 16-11-150. This part shall be known and may be cited as the `Georgia Antiterroristic Training Act.' 16-11-151. (a) As used in this Code section, the term `dangerous weapon' has the same meaning as found in paragraph (1) of Code Section 16-11-121. (b) It shall be unlawful for any person to: (1) Teach, train, or demonstrate to any other person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons if the person teaching, training, or demonstrating knows, has reason to know, or intends that such teaching, training, or demonstrating will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection; or (2) Assemble with one or more persons for the purpose of being taught, trained, or instructed in the use of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons if such person so assembling knows, has reason to know, or intends that such teaching, training, or instruction will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection.

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(c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. 16-11-152. This part shall not apply to: (1) Any act of any peace officer which is performed in the lawful performance of official duties; (2) Any training for law enforcement officers conducted by or for any police agency of the state or any political subdivision thereof or any agency of the United States; (3) Any activities of the National Guard or of the armed forces of the United States; or (4) Any hunter education classes taught under the auspices of the Department of Natural Resources, or other classes intended to teach the safe handling of firearms for hunting, recreation, competition, or self-defense. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987.

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PEACE OFFICER MEMORIAL DAY; POLICE WEEK DESIGNATION. Code Section 1-4-7 Enacted. No. 659 (House Bill No. 522). AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare May 15 of each year as Police Officer Memorial Day and the calendar week in which it falls as Police Week; to repeal conflicting laws; and for other purposes. WHEREAS, the United States Congress and the President of the United States have designated May 15 of each year as Peace Officer Memorial Day and the calendar week in which it falls as Police Week; and WHEREAS, the members of the peace officer profession play an essential role in safeguarding the rights and freedoms of the citizens of this state; and WHEREAS, it is important that all citizens know and understand the problems, duties, and responsibilities of their peace officers; and WHEREAS, it is proper and fitting that the peace officers of this state be recognized by having a special day and a special week designated in their honor. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding at the end thereof a new Code Section 1-4-7 to read as follows: 1-4-7. May 15 of each year is declared to be `Peace Officer Memorial Day' and the calendar week in which it falls is declared as `Police Week.'

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. INSURANCE RATES; PROPERTY AND CASUALTY RATES, POLICIES, OR CONTRACTS; APPROVAL; EQUITABLE APPORTIONMENT AMONG INSURERS; EXAMINATIONS; CLAIM RESERVES; ASSESSMENT OF COSTS OF HEARINGS; STUDIES OF IMPACT OF CHANGES IN CIVIL LAW. Code Sections 33-9-8 and 33-9-21 Amended. Code Sections 33-9-28.1 and 33-9-41 Enacted. No. 660 (House Bill No. 508). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists; to authorize the Commissioner to implement by order a plan to provide insurance coverages to citizens of this state by equitable apportionment among all property and casualty insurers licensed to transact those types of insurance; to provide that insurance rates, rating plans, rating systems, and underwriting rules must be filed with the Commissioner at least 45 days prior to any indicated effective date and will not become effective unless so filed; to require the Commissioner to order an examination to determine the accuracy of claim reserves and claim reserve practices of an insurer when a rate filing results in any overall rate increase of 10 percent or more in any 12 month period; to provide exceptions; to authorize examinations in other rate filings; to prohibit the use of

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such rate until the examination is completed; to provide a time limit for review and certification of such examination; to provide for assessments against the parties of costs incurred by the Commissioner in conducting hearings; to authorize the Commissioner to prepare a study evaluating the impact of certain changes in the civil law and to contract with parties to aid in the preparation of such study; to provide that insurers shall furnish data required for such study; to provide that the results of such study shall be furnished to the General Assembly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, is amended by redesignating subsection (e) of Code Section 33-9-8, relating to the requirement of agreements among admitted insurers for the apportionment of property and casualty insurance, as subsection (f) and inserting a new subsection (e) to read as follows: (e) Whenever the Commissioner determines that a lack of competition or a lack of availability exists in this state in either property or casualty insurance, the Commissioner is authorized to protect the health, property, and welfare of the citizens of this state by exercising the following authority: (1) The Commissioner shall approve all rates contemplated to be used under this Code section prior to their use; (2) The Commissioner shall approve any policies or contracts used pursuant to any agreement or plan established under this Code section and such policies or contracts shall be used exclusively in this state for those kinds of insurance. The use by any person of any policies or contracts which are different from those established in accordance with this Code section shall be prohibited; and (3) The Commissioner may by order implement a plan or program to provide the necessary insurance coverages

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to the citizens of this state by equitable apportionment among all property and casualty insurers licensed to transact those kinds of insurance in this state. Section 2. Said chapter is further amended by striking Code Section 33-9-21, relating to the filing of rates, rating plans, rating systems, underwriting rules, and policy and bond forms by insurers, and inserting in lieu thereof a new Code Section 33-9-21 to read as follows: 33-9-21. (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner may when he deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the `Georgia Administrative Procedure Act': (1) Require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and (2) Require any domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The

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experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. (b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date. No rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date. (c) When a rate filing of an insurer required in this Code section results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted

Page 874

by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days. Section 3. Said chapter is further amended by adding immediately following Code Section 33-9-28, relating to hearings by the Commissioner upon failure of an insurer to correct noncompliance, a new Code Section 33-9-28.1 to read as follows: 33-9-28.1. The costs incurred by the Commissioner in conducting any hearing under this chapter may be assessed against the parties to the hearing in such proportion as the Commissioner may determine upon consideration of all relevant circumstances including, but not limited to, the nature of the hearing; whether the hearing was instigated by or for the benefit of a particular party or parties; whether there is a successful party on the merits of the proceeding; and the relative levels of participation by the parties. For purposes of this Code section, costs incurred shall include payments made by the Commissioner to obtain the services of independent contractors or outside experts and travel expenses of such contractors or experts. The Commissioner shall make the assessment of costs incurred as part of the final order or decision arising out of the proceeding; provided, however, that any order or decision shall include findings and conclusions of the Commissioner or his designee to support the assessment of costs. Section 4. Said chapter is further amended by adding a new Code Section 33-9-41 to read as follows: 33-9-41. (a) Any legislative changes enacted by the General Assembly in 1987 regarding modifications in Georgia civil law may have a prospective effect upon the loss experience of insurers subject to this title and the Commissioner is authorized to prepare a study evaluating the effects such civil law change may have based on claims data for the previous two years. (b) The Commissioner is authorized to enter into any agreement with any corporation, association, or other entity,

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as deemed appropriate, to undertake the process described in subsection (a) of this Code section for the compilation and analysis of the data collected by the department. (c) The Commissioner shall require and all insurers licensed in this state shall furnish such information or data to the Insurance Department as required to complete this study. (d) The Commissioner shall furnish the results of the study authorized by this Code section to the General Assembly. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. INSURANCE RISK RETENTION GROUPS AND PURCHASING GROUPS; REGULATION. Code Title 33, Chapter 40 Enacted. No. 661 (Senate Bill No. 306). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, so as to provide for the establishment and regulation of risk retention groups and purchasing groups; to provide for legislative purpose; to provide definitions; to provide requirements which must be met by a risk retention group prior to the offering of insurance in this state; to provide for information to be submitted to the Commissioner of Insurance; to provide for taxation of premiums received by risk retention groups; to provide for compliance with provisions relating to unfair trade practices; to provide for examinations

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by the Commissioner; to provide for notices to be included in policies issued by risk retention groups; to prohibit certain acts; to prohibit a risk retention group from doing business in this state if an insurance company is a member or owner of such group; to provide for compliance with orders issued in voluntary dissolution or delinquency proceedings; to prohibit risk retention groups from joining or contributing to the Georgia Insurers Insolvency Pool; to provide that policies issued by risk retention groups need not be countersigned; to provide for information to be submitted to the Commissioner of Insurance by purchasing groups; to provide for applicability; to restrict purchasing groups from purchasing insurance from certain risk retention groups; to provide for powers of the Commissioner of Insurance; to provide penalties; to require persons acting as agents or brokers for risk retention or purchasing groups to obtain licenses; to provide for the enforcement of court orders; to authorize rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by adding a new Chapter 40 to read as follows: CHAPTER 40 33-40-1. The purpose of this chapter is to regulate the formation and operation of risk retention groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (RRA 1986). 33-40-2. As used in this chapter, the term: (1) `Commissioner' means the Commissioner of Insurance of the State of Georgia or the commissioner, director, or superintendent of insurance in any other state. (2) `Completed operations liability' means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by any person who performs that work or any person

Page 877

who hires an independent contractor to perform that work and shall include liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability. (3) `Domicile,' for purposes of determining the state in which a purchasing group is domiciled, means the state in which the purchasing group is incorporated if it is a corporation or, if the purchasing group is an unincorporated entity, the state of its principal place of business. (4) `Hazardous financial condition' means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to meet obligations to policyholders with respect to known claims and reasonably anticipated claims or is unlikely to be able to pay other obligations in the normal course of business. (5) `Insurance' means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. (6) `Liability' means: (A) Legal liability for damages, including costs of defense; legal costs and fees; and other claims expenses, because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of any nonprofit or for profit business, trade, product, services, including professional services, premises, or operations or any activity of any state or local government or any agency or political subdivision thereof; and (B) Does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the federal Employers' Liability Act, 45 U.S.C. 51, et seq.

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(7) `Personal risk liability' means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraph (6) of this Code section. (8) `Plan of operation or a feasibility study' means an analysis which presents the expected activities and results of a risk retention group, including, at a minimum, the following: (A) The coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer; (B) Historical and expected loss experience of the proposed members and national experience of similar exposures; (C) Pro forma financial statements and projections; (D) Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition; (E) Identification of management, underwriting procedures, managerial oversight methods, and investment policies; and (F) Such other matters as may be prescribed by the Commissioner for casualty or liability insurance companies authorized by this title. (9) `Product liability' means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product,

Page 879

but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred. (10) `Purchasing group' means any group which: (A) Has as one of its purposes the purchase of liability insurance on a group basis; (B) Purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in subparagraph (C) of this paragraph; (C) Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and (D) Is domiciled in any state. (11) `Risk retention group' means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands: (A) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members; (B) Which is organized for the primary purpose of conducting the activity described under subparagraph (A) of this paragraph; (C) Which: (i) Is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or (ii) Before January 1, 1985, was chartered or licensed and authorized to engage in the business

Page 880

of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of such state, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability as such terms were defined in the federal Product Liability Risk Retention Act of 1981 as such act existed prior to October 27, 1986; (D) Which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person; (E) Which has as its members only persons who have an ownership interest in the group and has as its owners only persons who are members who are provided insurance by the risk retention group or which has as its sole member and sole owner an organization which is owned by persons who are provided insurance by the risk retention group; (F) Whose members are engaged in businesses or activities similar or related with respect to the liability to which such members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations; (G) Whose activities do not include the provision of insurance other than: (i) Liability insurance for assuming and spreading all or any portion of the liability of its group members; and (ii) Reinsurance with respect to the liability of any other risk retention group which is engaged in businesses or activities so that such group or

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member meets the requirement described in subparagraph (F) of this paragraph for membership in the risk retention group which provides such reinsurance; and (H) The name of which includes the phrase `risk retention group.' (12) `State' means any state of the United States or the District of Columbia. 33-40-3. A risk retention group seeking to be chartered in this state must be chartered and licensed as a casualty or liability insurance company as provided in this title and, except as provided elsewhere in this chapter, must comply with all of the laws, rules, regulations, and requirements applicable to such insurers chartered and licensed in this state and with Code Section 33-40-4 to the extent such requirements are not a limitation on laws, rules, regulations, or requirements of this state. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the Commissioner a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of casualty or liability insurance. 33-40-4. (a) Risk retention groups chartered in states other than this state and seeking to do business as a risk retention group in this state must observe and abide by the laws of this state as provided in this Code section. (b) Before offering insurance in this state, a risk retention group shall submit to the Commissioner: (1) A statement identifying the state or states in which the risk retention group is chartered and licensed as a casualty or liability insurance company, date of chartering, its principal place of business, and such other information, including information on its membership, as the Commissioner may require to verify that the risk retention group is qualified under this chapter; (2) A copy of its plan of operations or a feasibility study and revisions of such plan or study submitted to

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its state of domicile; provided, however, that the provision relating to the submission of a plan of operation or a feasibility study shall not apply with respect to any line or classification of liability insurance which was defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986, and which was offered before such date by any risk retention group which had been chartered and operating for not less than three years before such date; and (3) A statement of registration which designates the Commissioner as its agent for the purpose of receiving service of legal documents or process. (c) Any risk retention group doing business in this state shall submit to the Commissioner: (1) A copy of the group's financial statement submitted to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries or a qualified loss reserve specialist approved by the Commissioner; (2) A copy of each examination of the risk retention group as certified by the Commissioner or public official conducting the examination; (3) Upon request by the Commissioner, a copy of any audit performed with respect to the risk retention group; and (4) Such information as may be required to verify its continuing qualification as a risk retention group under this chapter. 33-40-5. (a) All premiums paid for coverages within this state to risk retention groups shall be subject to taxation at the rate of 4 percent on all premiums paid or due and payable during the preceding quarter, less return premium. Risk retention groups shall be subject to interest, fines, and penalties for nonpayment or nonreporting as provided in Code Section 33-5-32 for surplus lines brokers.

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(b) To the extent agents or brokers are utilized, they shall report and pay the taxes for the premiums for risks which they have placed with or on behalf of a risk retention group not chartered in this state. (c) To the extent agents or brokers are not utilized or fail to pay the tax, each risk retention group shall pay the tax for risks insured within the state. Further, each risk retention group shall report all premiums paid to it for risks insured within the state. 33-40-6. Any risk retention group and its agents and representatives shall comply with Chapter 6 of this title and all rules and regulations promulgated pursuant to such chapter. 33-40-7. Any risk retention group must submit to an examination by the Commissioner to determine its financial condition if the commissioner of the jurisdiction in which the group is chartered has not initiated an examination or does not initiate an examination within 60 days after a request by the Commissioner of this state. Any such examination shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the Examiner Handbook of the National Association of Insurance Commissioners. 33-40-8. Any policy issued by a risk retention group shall contain in ten-point type on the front page and the declaration page the following notice: NOTICE This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group. 33-40-9. The following acts by a risk retention group are prohibited: (1) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in such group; and

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(2) The solicitation or sale of insurance by, or operation of, a risk retention group that is in a hazardous financial condition or is financially impaired. 33-40-10. No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of such risk retention group, other than in the case of a risk retention group comprised solely of insurance companies. 33-40-11. A risk retention group not chartered in this state and doing business in this state must comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state insurance commissioner if there has been a finding of financial impairment after an examination under Code Section 33-40-7. 33-40-12. No risk retention group shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title nor shall any risk retention group or its insureds receive any benefit from the Georgia Insurers Insolvency Pool for claims arising out of the operations of such risk retention group. 33-40-13. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in Chapter 23 of this title. 33-40-14. Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance, prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state which prohibits providing or offering to provide to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters. A purchasing group shall be subject to all other applicable laws of this state.

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33-40-15. (a) A purchasing group which intends to do business in this state shall furnish to the Commissioner notice which shall: (1) Identify the state in which the group is domiciled; (2) Specify the lines and classifications of casualty or liability insurance which the purchasing group intends to purchase; (3) Identify the insurance company from which the group intends to purchase its insurance and the domicile of such company; (4) Identify the principal place of business of the group; and (5) Provide such other information as may be required by the Commissioner to verify that the purchasing group is qualified under Code Section 33-40-2. (b) The purchasing group shall register with and designate the Commissioner as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group: (1) Which was domiciled before April 2, 1986, and is domiciled on and after October 27, 1986, in any state of the United States; (2) Which, before October 27, 1986, purchased insurance from an insurance carrier licensed in any state and since October 27, 1986, has purchased its insurance from an insurance carrier licensed in any state; (3) Which was a purchasing group under the requirements of the Product Liability Retention Act of 1981 before October 27, 1986; and (4) Which does not purchase insurance that was not authorized for purposes of an exemption under that act, as in effect before October 27, 1986.

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33-40-16. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state. 33-40-17. The Commissioner is authorized to make use of any of the powers established under this title to enforce the laws of this state so long as those powers are not specifically preempted by the federal Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the Commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the Commissioner can rely on the procedural law and regulations of this state. The injunctive authority of the Commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction. 33-40-18. Any risk retention group which violates any provision of this chapter will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this state. 33-40-19. Any person acting or offering to act as an agent or broker for a risk retention group or purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within the state, or otherwise does business in this state shall, before commencing any such activity, obtain a license from the Commissioner. 33-40-20. An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating, in any state, in all states, or in any territory or possession of the United States upon a finding that such a group is in a hazardous financial condition shall be enforceable in the courts of this state. 33-40-21. The Commissioner may establish and from time to time amend such rules relating to risk retention

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groups as may be necessary or desirable to carry out the provisions of this chapter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1987. MEDICAL MALPRACTICE REFORM ACT OF 1987. Code Section 9-3-73 Amended. Code Sections 9-11-9.1 and 51-1-29.1 Enacted. No. 662 (Senate Bill No. 2). AN ACT To provide substantive and comprehensive reforms affecting claims for medical malpractice; to provide a short title; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that minors who have attained the age of five years and incompetents shall be subject to limitations of actions provisions regarding medical malpractice; to provide for periods of limitation and repose; to provide exceptions; to provide findings; to provide that certain actions shall not be revived or extinguished; to provide that in any case in which professional malpractice is alleged, an affidavit of an expert competent to testify setting forth the particulars of the claim shall be filed with the complaint; to provide the contents of such affidavit; to provide exceptions; to provide procedures; to provide that no period of limitation is extended by such filing requirements; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide immunity from civil liability to certain

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health care providers or other entities providing professional services without compensation or the expectation thereof; to provide exceptions; to provide for applicability; 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 Medical Malpractice Reform Act of 1987. Section 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-7-73, relating to certain disabilities and exceptions applicable to the period of limitation for medical malpractice actions, and inserting in its place a new Code Section 9-3-73 to read as follows: 9-3-73. (a) Except as provided in this Code section, the disabilities and exceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice. (b) Notwithstanding Article 5 of this chapter, all persons who are legally incompetent because of mental retardation or mental illness and all minors who have attained the age of five years shall be subject to the periods of limitation for actions for medical malpractice provided in this article. A minor who has not attained the age of five years shall have two years from the date of such minor's fifth birthday within which to bring a medical malpractice action if the cause of action arose before such minor attained the age of five years. (c) Notwithstanding subsections (a) and (b) of this Code section, in no event may an action for medical malpractice be brought by or on behalf of: (1) A person who is legally incompetent because of mental retardation or mental illness more than five years after the date on which the negligent or wrongful act or omission occurred; or (2) A minor:

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(A) After the tenth birthday of the minor if such minor was under the age of five years on the date on which the negligent or wrongful act or omission occurred; or (B) After five years from the date on which the negligent or wrongful act or omission occurred if such minor was age five or older on the date of such act or omission. (d) Subsection (b) of this Code section is intended to create a statute of limitations and subsection (c) of this Code section is intended to create a statute of repose. (e) The limitations of subsections (b) and (c) of this Code section shall not apply where a foreign object has been left in a patient's body. Such cases shall be governed by Code Section 9-3-72. (f) The findings of the General Assembly under this Code section include, without limitation, that a reasonable relationship exists between the provisions, goals, and classifications of this Code section and the rational, legitimate state objectives of providing quality health care, assuring the availability of physicians, preventing the curtailment of medical services, stabilizing insurance and medical costs, preventing stale medical malpractice claims, and providing for the public safety, health, and welfare as a whole. (g) No action which, prior to July 1, 1987, has been barred by provisions relating to limitations of actions shall be revived by this article, as amended. No action which would be barred before July 1, 1987, by the provisions of this article, as amended, but which would not be so barred by the provisions of this article and Article 5 of this chapter in force immediately prior to July 1, 1987, shall be barred until July 1, 1989. Section 3. Said title is further amended by inserting immediately following Code Section 9-11-9 a new Code section, to be designated Code Section 9-11-9.1, to read as follows: 9-11-9.1. (a) In any action for damages alleging professional malpractice, the plaintiff shall be required to file

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with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (b) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. (c) If an affidavit is filed after the filing of a complaint, as allowed under subsection (b) of this Code section, the defendant shall not be required to file an answer to the complaint and affidavit until 30 days after the filing of the affidavit. (d) This Code section shall not be construed to extend any applicable period of limitation. Section 4. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, is amended by inserting immediately following Code Section 51-1-29 a new Code section, to be designated Code Section 51-1-29.1, to read as follows: 51-1-29.1. (a) Unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct: (1) No health care provider licensed under Chapter 11, 26, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a person at the request of such

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an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or (2) No licensed hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services. (b) This Code section shall apply only to causes of action arising on or after July 1, 1987. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. ART IN STATE BUILDINGS PROGRAM CREATION; FINANCE; BUDGET; OWNERSHIP; RIGHTS OF ARTISTS; REPORTS. Code Title 8, Chapter 5 Enacted. No. 663 (Senate Bill No. 25). AN ACT To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide a program for art in state buildings; to provide a short title; to provide

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for declaration of purpose; to define certain terms; to provide for financing works of art; to provide for the art in state buildings program to be a budget item in the annual budget; to provide duties for the Georgia Council for the Arts and the Office of Planning and Budget; to provide procedures for the acquisition of works of art for state buildings; to provide exceptions from certain state building requirements; to provide for state ownership of certain works of art; to provide for rights of artists; to provide for an annual report relative to the art in state buildings program; to provide for the sale of works of art; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end thereof a new Chapter 5 to read as follows: CHAPTER 5 8-5-1. This chapter shall be known and may be cited as the `Art in State Buildings Program.' 8-5-2. The General Assembly finds and declares that the State of Georgia has a responsibility for expanding public experience with art. The General Assembly recognizes that other states have enacted legislation requiring the expenditure of 1 percent of funds allocated for the construction of state buildings for works of art for such buildings. 8-5-3. As used in this chapter, the term: (1) `Acquisition' means acquisition by purchase, lease, or commission. (2) `Council' means the Georgia Council for the Arts. (3) `State buildings' means state office buildings, hospitals, prisons, buildings of state authorities, and such other state buildings which the Georgia Council for the Arts deems appropriate for the inclusion of art as provided in this chapter.

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(4) `Work of art' means any work of visual art, including, but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature; crafts, including crafts in clay, textile, fiber, wood, metal, plastic, glass, or like materials; or mixed media, including a collage, assemblage, or any combination of the foregoing art media. The term `work of art' does not include environmental landscaping placed about a state building. 8-5-4. (a) Financing of works of art in state buildings shall be subject to appropriations by the General Assembly. The Governor shall include a budget item for art in state buildings in the budget of the Office of Planning and Budget in the annual budget submitted to the General Assembly. (b) The council may accept grants, gifts, donations, bequests, or federal money made in connection with the art in state buildings program and expend such funds for the purposes of this chapter. 8-5-5. In order to carry out the purposes of this chapter, the council shall do all of the following: (1) (A) Determine and implement procedures for the purchase or lease by written contract of existing works of art from an artist or the artist's authorized agent. Works of art to be purchased or leased shall be selected by the council from lists of works prepared and submitted by advisory committees empowered by the council. In making such purchases or in executing such leases, preference may be given to artists who are Georgia residents. No lease obligation shall be incurred under the provisions of this chapter without the prior approval of the Office of Planning and Budget. (B) Determine and implement procedures, one of which shall provide for competition among artists, for the selection and commissioning of artists by written contract to create works of art. Commissioned

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artists shall be selected by the council from lists of qualified and available artists prepared and submitted by advisory committees empowered by the council. In making such contracts, preference may be given to artists who are Georgia residents. (C) If competition among artists is the procedure for selection of an artist pursuant to subparagraph (B) of this paragraph, a panel of three judges shall be appointed to make such selection. The panel shall consist of the director of the Office of Planning and Budget or a person designated by such director, a member of the council or a person designated by the council, and one person selected by the other two who shall be a visual artist, an architect or designer, a person employed by an art museum, or a collector of visual art. At least one judge on each panel shall be a working visual artist; (2) Consult with each artist commissioned regarding the design and placement of a work of art; (3) Ensure that works of art acquired pursuant to this chapter are placed in a manner so that they are within public view; (4) Ensure that the program for acquisition of works of art pursuant to this chapter results in participation by many different artists and in acquisitions from among many of the different art forms referred to in paragraph (4) of Code Section 8-5-3. A person who is, or is related to, a member of the council or is employed by the council or a person related to or employed in the office of the director of the Office of Planning and Budget may not be selected or commissioned pursuant to this chapter; (5) Cooperate with other affected state agencies and consult with the artist to ensure that each work of art acquired pursuant to this chapter is properly maintained and is not artistically altered in any manner without the consent of the artist; (6) Promulgate rules and regulations, as necessary, in consultation with the council and any other person,

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group, or association in the State of Georgia related to architecture, design, or the arts so as to facilitate the implementation of the council's responsibilities under this chapter; and (7) Authorize payments to artists for works of art acquired pursuant to this chapter. 8-5-6. Except as otherwise provided in this chapter, the selection and commissioning of artists and the purchase and execution of works of art for state buildings shall be exempt from the provisions of law relating to bidding requirements in connection with state buildings. 8-5-7. (a) The state shall receive sole ownership of each work of art acquired pursuant to this chapter, including all tangible rights and privileges thereof, subject to the following intangible rights retained by the artist: (1) The right to claim authorship of the work of art; (2) The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws. Such rights may be limited by written contract; and (3) If provided by written contract, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of the sale of the building in which the work of art is located. (b) The rights granted to the artist by subsection (a) of this Code section may by written contract be extended to such artist's heirs, assigns, or personal representatives until after the end of the twentieth year following the death of such artist. (c) Prior to execution of a written contract, the artist shall be informed in writing of the rights specified in subsections (a) and (b) of this Code section which may be granted by contract to the artist or to the artist's heirs, assigns, or personal representatives.

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8-5-8. In consultation with the director of the Office of Planning and Budget, the council shall prepare and distribute to the General Assembly an annual report relative to the art in state buildings program pursuant to this chapter. Such report may be submitted as part of a report on the activities and programs of the council. 8-5-9. If a work of art acquired pursuant to this chapter is to be sold by the state, such sale shall be made to the highest bidder, conditioned on the work of art first being offered to the artist at the bid price. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. PUBLIC OFFICERS RECALL ACT APPLICATIONS FOR RECALL PETITIONS; PROCEDURES; RECALL PETITIONS; CONTENTS; CIRCULATION; SIGNATURES; TIME PERIODS. Code Title 21, Chapter 4 Amended. No. 664 (Senate Bill No. 27). AN ACT To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the Public Officers Recall Act, so as to change the definitions of certain terms; to provide that no person shall be authorized to circulate, sponsor, or sign an application for a recall petition unless such person is an elector or sponsor as defined in Code Section 21-4-3; to change certain provisions relating to the required contents of such applications; to provide that applications for recall petitions shall be numbered and shall state the reasons advanced by the sponsors for support of the recall; to require election superintendents to maintain records

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of applications for recall petitions; to provide time limitations on when applications for recall petitions may be accepted for verification; to provide additional authority to the election superintendent to facilitate the verification of applications for recall petitions and recall petitions; to change the provisions relating to the form and required contents of the recall petition; to provide that no recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served; to clarify certain provisions relating to the nullification of signatures on applications for recall petitions and recall petitions; to change the provisions relating to the determination by the election superintendent of the legal sufficiency of a recall petition; to authorize the judge of the superior court to grant an additional period of time for the election superintendent to verify an application for a recall petition; to change the provisions relating to the period during which a recall petition will be accepted; to provide for the filing of subsequent applications for recall petitions against an officer following the filing of an insufficient recall petition against such officer; to change certain provisions relating to campaign and financial disclosure requirements; to provide for a time as of which the eligibility will be determined as to certain signatures; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the Public Officers Recall Act, is amended by striking Code Section 21-4-3, relating to definitions under the Public Officers Recall Act, and inserting in its place a new Code Section 21-4-3 to read as follows: 21-4-3. As used in this chapter, the term: (1) `Elected county school board members' and `elected county school superintendents' shall be considered county officers. (2) `Elected education board members' and `elected school superintendents' of any independent school system shall be considered municipal officers.

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(3) `Election superintendent' means: (A) In the case of any elected state officers, the Secretary of State; (B) In the case of any elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election superintendent shall be the clerk of the superior court; and (C) In the case of any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipality has such a board or election officer. (4) `Elector' means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this state and who has registered in accordance with Chapter 2 or 3 of this title. (5) `Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office. (6) `Official sponsors' or `sponsors' means the electors who circulate or file an application for a recall petition who were registered and eligible to vote in the last general or special election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled. Section 2. Said chapter is further amended by striking subsections (a), (b), and (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in their place new subsections (a), (b), and (f), respectively, to read as follows: (a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3.

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(b) (1) The application shall include: (A) The name and office of the person sought to be recalled; (B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence; (C) The designation of one of the sponsors as the petition chairman who shall represent the sponsors on all matters pertaining to the recall application and petition; (D) The specific reason or reasons advanced by the sponsors for support of the recall. Such reason or reasons shall be limited to not more than six lines on the application and shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and (E) An affidavit that each person circulating, sponsoring, or signing such recall application is an elector of the electoral district of the officer sought to be recalled. (2) Applications shall be issued by the election superintendent who shall assign a number to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issuance and number assigned. (3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection, and distributed to election superintendents. (f) (1) No application for a recall petition shall be accepted for verification if more than 30 days have elapsed since the application forms were issued to the sponsors. (2) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application

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and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures contained in such application. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays and legal holidays; provided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election superintendent to verify the application. Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 21-4-6, relating to the form of recall petitions, to be designated subsection (c), to read as follows: (c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled and a statement of not more than six lines on such petition of the reasons for such recall. Such statements shall be the same statements as provided for on the application for such recall petition. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements. Section 4. Said chapter is further amended by striking subsection (a) of Code Section 21-4-7, relating to circulating and signing recall petitions, and inserting in its place a new subsection (a) to read as follows: (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election

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and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served. Section 5. Said chapter is further amended by striking Code Section 21-4-10, relating to the legal sufficiency of a recall petition, and inserting in its place a new Code Section 21-4-10 to read as follows: 21-4-10. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been submitted to him; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been submitted to him. The election superintendent or his designee is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such recall petition for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet. (b) A recall petition shall not be accepted for verification for: (1) Any state-wide office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors; (2) Any officer other than the officers provided for in paragraph (1) or (3) of this subsection whose electoral

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district encompasses only a part of the state if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or (3) Any officer whose electoral district encompasses a county or municipality or who is elected solely by the electors of an electoral district within a county or municipality if more than 30 days have elapsed since the date the official recall petition forms were issued to the sponsors. (c) No recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification. (d) Within five days, excluding Saturdays, Sundays, and legal holidays, after the election superintendent has certified the legal sufficiency of a petition, he shall immediately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-12. (e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the petition chairman and the officeholder in writing of the results and officially file the petition. Section 6. Said chapter is further amended by striking Code Section 21-4-13, relating to the filing of subsequent recall petitions against officers following recall elections, and inserting in its place a new Code Section 21-4-13 to read as follows: 21-4-13. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions outstanding on the date of the recall election shall be void. (b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification

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of any other recall petition which is available for signature or pending verification at the time of such finding of insufficiency. Section 7. Said chapter is further amended by striking Code Section 21-4-15, relating to campaign and financial disclosure requirements with respect to recall petitions, and inserting in its place a new Code Section 21-4-15 to read as follows: 21-4-15. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the `Ethics in Government Act,' in the same manner as candidates; and the petition chairman shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter. Section 8. Said chapter is further amended by adding after Code Section 21-4-17 a new Code section to read as follows: 21-4-17.1. An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector. Section 9. This Act shall become effective on August 31, 1987, and shall apply to the recall of all public officers or officials for whom an application for a recall petition has been filed on or after August 31, 1987. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987.

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DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS VIOLATIONS OF FEDERAL LAW, LOCAL ORDINANCES, OR CURRENT OR PRIOR LAWS OF THIS STATE OR OTHER STATES. Code Section 40-6-391 Amended. No. 665 (Senate Bill No. 77). AN ACT To amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to specify acts in this and other jurisdictions which constitute a violation of that Code section; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) Any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of this Code section; (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. PUBLIC DEPOSITORIESPUBLIC FUNDS; SURETY BOND AND PLEDGED SECURITIES; AMOUNT. Code Section 45-8-12 Amended. No. 666 (Senate Bill No. 105). AN ACT To amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that the aggregate of the face value of a surety bond and the face or par value of securities pledged shall be equal to not less than 110 percent of the public funds being secured after the deduction of the amount of deposit insurance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, is amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) A depository may secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of this Code

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section, partly by the guarantee or insurance referred to in subsection (b) of this Code section, or by any combination of these methods. The aggregate of the face value of such surety bond and the face or par value of securities pledged shall be equal to not less than 110 percent of the public funds being secured after the deduction of the amount of deposit insurance. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. CRIMES AND OFFENSES ABUSE OF GOVERNMENTAL OFFICE; SOLICITATION OR ACCEPTANCE OF FUNDS OR EQUIPMENT BY LAW ENFORCEMENT OFFICERS. Code Section 16-10-3 Amended. No. 667 (Senate Bill No. 189). AN ACT To amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change certain provisions relating to receiving funds or other things of value to enforce penal laws or regulations; to authorize the solicitation or acceptance of equipment or funds by certain law enforcement officers to be used for certain law enforcement purposes; to provide for certain requirements and limitations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, is amended by striking Code Section 16-10-3, relating to

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receiving funds or other things of value to enforce penal laws or regulations, and inserting in its place a new Code Section 16-10-3 to read as follows: 16-10-3. (a) Except as otherwise provided in this Code section, any officer or employee of the state or any agency thereof who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the state is guilty of a misdemeanor. (b) Except as otherwise provided in this Code section, any officer or employee of a political subdivision who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee is guilty of a misdemeanor. (c) Nothing contained within this Code section shall be deemed or construed so as to prohibit any law enforcement officer of the state or any political subdivision thereof: (1) From being employed by private persons, firms, or corporations during his off-duty hours when such employment is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed; or (2) From soliciting for or accepting contributions of equipment or of funds to be used solely for the purchase of equipment to be used in the enforcement of the penal laws or regulations of this state or any political subdivision thereof when such acceptance is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987.

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WHOLESALE FISH DEALERS LICENSES; FEES FOR NONRESIDENT OR ALIEN WHOLESALE FISH DEALERS; EXEMPTIONS; FOOD FISH DEALERS. Code Section 26-2-312 Amended. Code Section 27-4-74.1 Repealed. No. 668 (Senate Bill No. 206). AN ACT To amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale fish dealers; to change the provisions relating to exemptions; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, is amended by striking Code Section 26-2-312, relating to wholesale fish dealers' licenses, inspection fees, and exceptions, and inserting in lieu thereof a new Code Section 26-2-312 to read as follows: 26-2-312. (a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of wholesale fish dealers shall be as follows: (1) The annual license fee for each resident wholesale fish dealer shall be $50.00 for each place of business, fixed or movable;

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(2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 until July 1, 1988, and $500.00 on and after July 1, 1988, for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 on and after July 1, 1988, for each such dealer who is a resident of a state which has entered into a reciprocal agreement with the Commissioner of Agriculture of the State of Georgia to limit the fees which such state charges to Georgia residents who are wholesale fish dealers to not more than $50.00 per annum. (b) Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article. (c) A resident who produces the fish and other seafood he sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee provided for in this Code section. Section 2. Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers, which reads as follows: 27-4-74.1. (a) As used in this Code section, the term: (1) `Nonresident food fish dealer' means a person residing outside of the State of Georgia who at any time sells dead fish within this state for consumption as food, either directly to consumers as a retailer or to other persons for resale to consumers. (2) `Person' shall have the meaning specified by paragraph (50) of Code Section 27-1-2. (3) `Resident' shall have the meaning specified by paragraph (60) of Code Section 27-1-2. (4) `Resident food fish dealer' means a person residing within the State of Georgia who at any time sells

Page 910

dead fish within this state for consumption as food, either directly to consumers as a retailer or to other persons for resale to consumers. (b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to engage in business as a resident or nonresident food fish dealer without first obtaining an annual license from the department as follows: (1) Resident food fish dealer $ 50.00 (2) Nonresident food fish dealer 500.00 (c) A licensed commercial fish hatchery shall not be required to obtain the license required by this Code section to sell fish as authorized by Code Section 27-4-75. However, any person purchasing fish from a commercial fish hatchery under the authority of Code Section 27-4-75 who sells such fish for consumption as food within this state shall be required to obtain a license under this Code section. Any person shipping fish into this state under the authority of subsection (b) of Code Section 27-4-74 who sells such for consumption as food within this state shall be required to obtain a license under this Code section. Persons selling fish from fish ponds under the authority of subsection (c) of Code Section 27-4-74 shall not be required to obtain a license under this Code section., is repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987.

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INSURANCE RATES; MAXIMUM MODIFICATIONS TO CLASSIFICATIONS OF RISKS; COMMISSIONER TO ESTABLISH. Code Section 33-9-4 Amended. No. 669 (Senate Bill No. 218). AN ACT To amend Code Section 33-9-4 of the Official Code of Georgia Annotated, relating to standards applicable to the making and use of insurance rates, so as to authorize the Commissioner to establish maximum amounts of modifications to classifications of risks; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-9-4 of the Official Code of Georgia Annotated, relating to standards applicable to the making and use of insurance rates, is amended by striking paragraph (7) and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any difference among risks that have a probable effect upon losses or expenses. Classifications or modifications of classifications of risks may be established based upon size, expense, management, individual experience, location or dispersion of hazard, or any other reasonable considerations. Such classifications and modifications shall apply to all risks under the same or substantially the same circumstances or conditions; provided, however, the Commissioner shall establish the maximum amount of any such modification;.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. PROBATE COURTSCONCURRENT JURISDICTION WITH SUPERIOR COURTS IN COUNTIES OF MORE THAN 150,000. Code Section 15-9-127 Enacted. No. 670 (Senate Bill No. 275). AN ACT To amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over certain matters; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, is amended by adding at the end thereof a new Code Section 15-9-127 to read as follows: 15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards' property pursuant to Code Section 29-5-5.1;

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(3) Approval of settlement agreements pursuant to Code Section 53-3-22; and (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-13-8. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. ALCOHOLIC BEVERAGES DISTILLED SPIRITS; MUNICIPAL LICENSES; DATE OF COUNTY-WIDE REFERENDUMS. Code Section 3-4-160 Amended. No. 671 (Senate Bill No. 283). AN ACT To amend Article 7 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the sales of distilled spirits in certain municipalities, so as to permit municipalities to issue licenses permitting the manufacture, sale, or distribution of distilled spirits or to authorize the sale of distilled spirits by the drink for consumption only on the premises based on approval for such licenses in the county in a county-wide referendum; to repeal certain provisions relating to applicability of such provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the sales of distilled spirits in certain municipalities, is amended by striking Code

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Section 3-4-160, relating to sales of distilled spirits in certain municipalities, and inserting in lieu thereof a new Code Section 3-4-160 to read as follows: 3-4-160. (a) (1) Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the manufacture, sale, or distribution of distilled spirits as provided in Article 3 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the manufacture, sale, or distribution of distilled spirits and may exercise the powers contained in this title relating to the manufacture, sale, or distribution of distilled spirits. (2) In any municipality in which the manufacture, sale, or distribution of distilled spirits is authorized as provided in this Code section, such manufacture, sale, or distribution may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited. (b) (1) Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the sale of distilled spirits by the drink for consumption only on the premises as provided in Part 1 of Article 5 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the sale of distilled spirits by the drink for consumption only on the premises and may exercise the powers contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises. (2) In any municipality in which the sale of distilled spirits by the drink for consumption only on the premises is authorized as provided in this Code section, such sales may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited. (c) A municipality shall not be authorized to approve the manufacture, sale, or distribution of distilled spirits as

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provided in subsection (a) of this Code section or the sale of distilled spirits by the drink for consumption only on the premises as provided in subsection (b) of this Code section unless a majority of the electors voting in the county-wide referendum election who reside in the municipality voted in favor of approving the manufacture, sale, or distribution of distilled spirits or in favor of approving the sale of distilled spirits by the drink for consumption only on the premises. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. TORT REFORM ACT OF 1987. Code Title 51 Amended. No. 672 (House Bill No. 1). AN ACT To provide substantive and comprehensive civil justice reforms affecting tort claims litigation; to provide a short title; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide to certain members, directors, trustees, and officers of nonprofit hospitals, nonprofit, charitable, or eleemosynary institutions or organizations, or governmental entities immunity from civil liability under certain conditions; to provide that evidence of compensation, benefits, or other payments from collateral sources shall be admissible for consideration by the trier of fact in civil actions in which special damages are sought or evidence of same is otherwise introduced by the plaintiff; to provide under what circumstances punitive damages may be awarded because of the actions of a defendant; to provide for applicability of certain provisions; to provide a definition; to provide the purposes of punitive damage awards; to provide

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trial procedures for pleadings, evidentiary standards, findings of fact, and judgments for awards of punitive damages; to provide for determinations of punitive damage awards in different causes of action; to provide for product liability cases; to provide for the disposition of certain awards; to provide for cases in which the defendant has a specific intent to harm; to provide for all other cases in which punitive damages may be awarded; to provide for injuries to peace, happiness, or feelings; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the trial court may either order a new trial as to damages only or condition the denial of a new trial upon the parties' acceptance of a modified amount; to provide for application only to the first order of a new trial; to provide for a permissible apportionment of damages in certain causes of action among defendants according to the fault of each defendant the plaintiff is to some degree responsible for the injury or damages claimed; to provide that in such cases damages shall not be a joint liability or subject to contribution; to provide for construction and applicability; to provide for matters relative to the foregoing; 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 Tort Reform Act of 1987. Section 2. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking in its entirety Code Section 51-1-20, relating to the liability of directors and officers of public, charitable, or nonprofit hospitals, institutions, or organizations, and inserting in its place a new Code Section 51-1-20 to read as follows: 51-1-20. A person serving with or without compensation as a member, director, or trustee or as an officer without compensation of any nonprofit hospital or any nonprofit, charitable, or eleemosynary institution or organization or of any governmental agency, board, authority, or entity shall be immune from civil liability for any act or any omission to act arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person.

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Section 3. Said title is further amended by striking in its entirety Code Section 51-12-1, relating to types of damages, and inserting in its place a new Code Section 51-12-1 to read as follows: 51-12-1. (a) Damages may be either general or special, direct or consequential. (b) In any civil action, whether in tort or in contract, for the recovery of damages arising from a tortious injury in which special damages are sought to be recovered or evidence of same is otherwise introduced by the plaintiff, evidence of all compensation, indemnity, insurance (other than life insurance), wage loss replacement, income replacement, or disability benefits or payments available to the injured party from any and all governmental or private sources and the cost of providing and the extent of such available benefits or payments shall be admissible for consideration by the trier of fact. The trier of fact, in its discretion, may consider such available benefits or payments and the cost thereof but shall not be directed to reduce an award of damages accordingly. Section 4. Said title is further amended by striking in its entirety Code Section 51-12-5, relating to additional damages for aggravating circumstances, and inserting in its place a new Code Section 51-12-5 to read as follows: 51-12-5. (a) In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff. (b) This Code section shall apply only to causes of action for torts arising before July 1, 1987. Section 5. Said title is further amended by inserting immediately following Code Section 51-12-5 a new Code section, to be designated Code Section 51-12-5.1, to read as follows: 51-12-5.1. (a) As used in this Code section, the term `punitive damages' is synonymous with the terms `vindictive

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damages,' `exemplary damages,' and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant. (b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. (c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant. (d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable. (e) (1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission. (2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate

Page 919

part of the costs of litigation, including reasonable attorney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Fiscal Division of the Department of Administrative Services. Upon issuance of judgment in such a case, the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as punitive damages. A judgment debtor may remit the state's proportional share of punitive damages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Fiscal Division of the Department of Administrative Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph. (f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, there shall be no limitation regarding the amount which may be awarded as punitive damages. (g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00. (h) This Code section shall apply only to causes of action arising on or after July 1, 1987. Section 6. Said title is further amended by striking in its entirety Code Section 51-12-6, relating to the measure of damages for injury to peace, happiness, or feelings, and inserting in its place a new Code Section 51-12-6 to read as follows: 51-12-6. In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors. In such an action, punitive damages

Page 920

under Code Section 51-12-5 or Code Section 51-12-5.1 shall not be awarded. Section 7. Said title is further amended by striking in its entirety Code Section 51-12-12, relating to determination of damages, and inserting in its place a new Code Section 51-12-12 to read as follows: 51-12-12. (a) The question of damages is ordinarily one for the jury; and the court should not interfere with the jury's verdict unless the damages awarded by the jury are clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence in the case. (b) If the jury's award of damages is clearly so inadequate or so excessive as to any party as to be inconsistent with the preponderance of the evidence, the trial court may order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any party's refusal to accept an amount determined by the trial court. (c) Only one grant of a new trial by the judge may be based upon the powers conferred by this Code section. The first grant of a new trial other than one ordered under this Code section and which order granting the new trial is not based on this Code section shall remain governed by Code Section 5-5-50. Section 8. Said title is further amended by striking in their entirety Code Section 51-12-31, relating to the recovery against joint trespassers, and Code Section 51-12-32, relating to the right of contribution among joint trespassers and the effects of settlement, and inserting in their place new Code Sections 51-12-31, 51-12-32, and 51-12-33 to read as follows: 51-12-31. Except as provided in Code Section 51-12-33, where an action is brought jointly against several trespassers, the plaintiff may recover damages for the greatest injury done by any of the defendants against all of them. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally.

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51-12-32. (a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom. (b) If judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution. (c) Without the necessity of being charged by an action or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom. 51-12-33. (a) Where an action is brought against more than one person for injury to person or property and the plaintiff is himself to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, may apportion its award of damages among the persons who are liable and whose degree of fault is greater than that of the injured party according to the degree of fault of each person. Damages, if apportioned by the trier of fact as provided in this Code section, shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (b) Subsection (a) of this Code section shall not affect venue provisions regarding joint actions. (c) This Code section shall apply only to causes of action arising on or after July 1, 1987.

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Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. GEORGIA YOUTH CONSERVATION CORPS CREATION WITHIN THE DEPARTMENT OF NATURAL RESOURCES. Code Title 12, Chapter 11 Enacted. No. 673 (House Bill No. 82). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the establishment of the Georgia Youth Conservation Corps within the Department of Natural Resources; to provide a short title; to provide legislative findings and declarations; to provide for definitions; to provide the purposes and objectives of the corps; to provide for rule making by the Board of Natural Resources; to provide for a director; to provide for the powers, duties, and responsibilities of the commissioner; to provide for types of projects to be undertaken by the corps; to provide for qualifications of corps members; to provide for selection procedures; to provide that corps members are state employees only for certain purposes; to provide for enrollment periods and compensation for corps members; to provide for an overall corps program; to provide parameters for project selection; to provide that the labor of corps members shall not displace that of existing employees or be used in connection with labor disputes; to provide that the corps may receive public or private funds; to provide that the corps may use an insignia; to provide coordination with other labor and education programs; to create the Conservation Corps Advisory Council, to assign its membership, powers, and duties; to provide for expenses of the council; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting immediately following Chapter 10 a new chapter, to be designated as Chapter 11, to read as follows: CHAPTER 11 12-11-1. This chapter shall be known and may be cited as the `Georgia Youth Conservation Corps Act.' 12-11-2. The General Assembly finds and declares that: (1) A central element in the development of the state's young persons is the provision of meaningful work experience to teach the value of labor and membership in a productive society; (2) There is a need for a comprehensive youth development program including meaningful work experience and basic education to address unemployment, undereducation, and lack of life-coping skills among young adults; (3) This state has a continuing need for involvement by young persons in public works and services, especially relating to conservation, the enhancement of our natural resources, and the provision of human services; (4) The state is still benefiting from the wide range of public works accomplished by the conservation corps many years ago and that a similar program will likewise benefit future generations; and (5) Values of hard work, public spiritedness, group achievement and cooperation, resource conservation, and environmental appreciation can and should be transmitted to society's youth through a conservation corps program. 12-11-3. As used in this chapter, the term: (1) `Board' means the Board of Natural Resources.

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(2) `Commissioner' means the commissioner of natural resources. (3) `Corps' means the Georgia Youth Conservation Corps. (4) `Council' means the Conservation Corps Advisory Council. (5) `Director' means the director of the Georgia Youth Conservation Corps. 12-11-4. (a) There is created within the department the Georgia Youth Conservation Corps. (b) The purposes and objectives of the corps authorized by this chapter shall be to: (1) Encourage and develop work skills, discipline, cooperation, and educational opportunities for corps members; (2) Conserve, rehabilitate, and enhance the state's natural, historic, environmental, and recreational resources; (3) Develop the state's youth resources through meaningful work experiences and training; (4) Make outdoor and historic resources of the state available for public enjoyment; (5) Assist agencies of the state and its political subdivisions in carrying out statutory assignments with limited funding resources; (6) Provide needed public services in both urban and rural settings; (7) Protect air, fish, forest, land, water, and wildlife; (8) Help maintain and improve botanical gardens, historic sites, libraries, museums, parks, parkways, refuges, trails, zoos, and other recreational investments;

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(9) Aid agricultural, fishing, forestry, and tourist industries; (10) Provide job training for young men and women to act as a stepladder to permanent employment; (11) Help eradicate fire ants; and (12) Cooperate specifically with state conservation agencies, the United States Forest Service and the Soil Conservation Service of the federal Department of Agriculture, and with the National Park Service and the Fish and Wildlife Service of the federal Department of Interior. (c) The board is authorized to promulgate rules and regulations not inconsistent with this chapter for the implementation and operation of the corps program. 12-11-5. (a) There is created the position of director of the Georgia Youth Conservation Corps. The director shall be appointed by the commissioner and shall be in the unclassified service of the state merit system. (b) The commissioner shall be charged with the overall administration of corps programs under the provisions of this chapter and such rules and regulations as are adopted by the board. The commissioner may delegate to the director any or all of the duties and functions prescribed by this chapter. Such duties and functions may include, but are not limited to, the following: (1) Recruiting and employing staff and corps member leaders and specialists; (2) Adopting criteria for the selection of applicants to the corps; (3) Executing agreements for furnishing the services of the corps to any federal, state, or local agency or to any local organization concerned with the overall objectives of the corps and all other agreements necessary and proper for the implementation and administration of this chapter;

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(4) Applying for and accepting grants or contributions of funds from any source, public or private; (5) Providing funds and matching funds to other corps programs meeting the specifications of this chapter and the rules and regulations of the board; and (6) Reporting annually to the council, the Governor, and the General Assembly on the activities undertaken by the corps in the preceding fiscal year, including a cost-effectiveness analysis of all completed, ongoing, and proposed projects. 12-11-6. The commissioner shall identify conservation, public improvement, or community service projects which will provide long-term benefits to the public, will yield tangible, result oriented works, will provide productive training and work experiences to the corps members involved, will be labor intensive and suitable for a crew of corps members to accomplish, may result in payments to the state for service performed, and can be promptly completed. 12-11-7. (a) (1) Corps members shall be residents of the state between 14 and 25 years of age at the time of enrollment who are citizens or lawful permanent residents of the United States. No person shall be enrolled in the corps if such person has been convicted of a felony or has been adjudicated as delinquent for an offense which, if such person had been tried as an adult, would have been a felony. (2) Under such rules as are promulgated by the board, the commissioner shall be authorized to enroll persons 14 to 17 years of age as corps members with the following prerequisites: (A) Enrollment in the corps does not have the effect of encouraging the person to leave school; (B) If the person is unemancipated, the express written permission from a parent or guardian is obtained; and (C) Compliance is achieved with applicable federal and state labor laws and education laws, provided that Chapter 2 of Title 39 shall not be applicable.

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(3) The maximum age requirement may be waived for corps leaders and specialists with special leadership or occupational skills; such leaders and specialists shall be given special responsibility for providing leadership, character development, and a sense of community responsibility to the corps members, groups, and work crews to which they are assigned. (4) Special effort shall be made to recruit a broad cross section of the youth of this state who meet selection criteria of the corps. Preference shall be given to youths residing in areas, both urban and rural, in which there exists unemployment substantially exceeding the state average unemployment rate. Members shall be unemployed at the time of enrollment. (b) Corps members, leaders, and specialists shall be considered state employees solely for the purpose of including such corps members, leaders, and specialists within policies of liability insurance which may be provided to state employees under Code Section 45-9-1. Other provisions of law relating to civil service, hours of work, rate of compensation, sick leave, state retirement plans, and vacation leave do not apply to corps members. Notwithstanding other laws to the contrary, corps members shall not be eligible for unemployment compensation by corps enrollment and service, and employer wage percentage deductions shall not be required as provided under Chapter 8 of Title 34, the `Employment Security Law.' Corps members shall be eligible for workers' compensation. This subsection shall not apply to employees of the department. (c) Initial enrollment in the corps shall be for a period not to exceed one year, which period may be extended for not more than one additional year by mutual agreement of the commissioner and the corps member for the purpose of promoting the member to a position of leader or specialist. Corps members shall be paid at least the minimum wage rate established by federal law. Merit and performance incentive pay raises may be awarded in the discretion of the commissioner. (d) Corps members shall be selected based on their orientation towards public service, development of job skills

Page 928

and productive work habits, and character development. Special effort shall be made at the time of initial screening to explain rigorous productivity standards and special expectations and obligations of corps membership. An employment agreement shall be entered into by the corps member indicating the member's understanding of and willingness to abide by such standards. (e) In the development of the corps program, consideration shall be given to providing corps members with a beneficial and meaningful work experience. Standards of productivity, behavior, and punctuality shall be developed and observed. Consideration shall be given to the development of a program that deserves the respect of the public, both in terms of service provided and personal development of corps members. (f) Education shall be a mandatory but flexible component of the corps program, but classes shall be scheduled after corps working hours. For members participating in primary or secondary education, at least one day or eight hours per week shall be devoted to classroom instruction. Tuition or other fees for postsecondary classes for corps members shall be paid for by the corps. Participation in the education component shall be a primary factor in determining whether the opportunity for extended corps membership shall be offered. Instruction related to the specific role of the department and the various agencies involved in resource conservation shall also be offered either in a classroom setting or as is otherwise appropriate. (g) The commissioner shall by contract or agreement with the Division of Youth Services of the Department of Human Resources and other state agencies serving youth provide for youth served by such division or agencies to participate independently in projects of the Georgia Youth Conservation Corps. When participating independently in projects of the corps, such youth served by the division or other agencies shall be compensated in the same manner and from the same funds as corps members. 12-11-8. (a) Corps projects may take place on any property owned or used by the federal government, by the state

Page 929

or any of its departments, agencies, or political subdivisions, or by nonprofit agencies which otherwise qualify for contracting of services by the corps. (b) The commissioner may, subject to this chapter and the rules and regulations of the board, contract with the federal government, with any department or agency of the state or its political subdivisions, or with nonprofit agencies for projects by the corps or by other corps programs meeting the specifications of this chapter and the rules and regulations of the board. (c) The assignment of corps members shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the corps program may not terminate, lay off, or reduce the working hours of any employee for the purpose of using a corps member with available funds. In circumstances where substantial efficiencies or a public purpose may result, agencies may use corps members to carry out essential agency work or contractual functions without displacing current employees. (d) No corps members may be used in any manner in connection with a work or labor dispute or to impair existing contracts or collective bargaining agreements with existing employees. 12-11-9. (a) The corps may receive grants, donations, bequests, and any other forms of funds or assistance from any sources, public or private. (b) The corps may employ an insignia or logo of appropriate design identifying specifically the Georgia Youth Conservation Corps. Control of the use of such insignia shall be governed by the commissioner. 12-11-10. Whenever available and appropriate, job training and placement services and education opportunities provided through other federal, state, and local programs such as through the Department of Education, the Department of Labor, the State board of Postsecondary Vocational Education,

Page 930

and the Board of Regents of the University System of Georgia shall be coordinated with projects and programs developed under this chapter to assist eligible corps members. Coordinated services may include, but are not limited to, remedial and postsecondary education, job placement assistance, adult literacy training, job search skills, and job application skills. Whenever possible, eligible corps members without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma. 12-11-11. (a) There is created the Conservation Corps Advisory Council, to consist of the following members: (1) The commissioner of natural resources; (2) The chairman of the State Board of Education; (3) The chairman of the State Board of Postsecondary Vocational Education; (4) The Commissioner of Labor; (5) The Commissioner of Agriculture; (6) The director of the State Forestry Commission; (7) The executive director of the Georgia Soil and Water Conservation Committee; (8) The chairman of the Natural Resources and Environment Committee of the House of Representatives; (9) The chairman of the Natural Resources Committee of the Senate; (10) Two members of the House of Representatives appointed by the Speaker of the House of Representatives; (11) Two members of the Senate appointed by the President of the Senate; and (12) Two members of the public appointed by the Governor representing the business community.

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(b) Members of the council other than members appointed under paragraphs (10), (11), and (12) of subsection (a) of this Code section may designate persons to serve in their place. Members appointed pursuant to paragraph (10) or (11) of subsection (a) of this Code section shall serve for their corresponding two-year term as members of the General Assembly. Members appointed pursuant to paragraph (12) of subsection (a) of this Code section shall serve for terms of two years. (c) It shall be the duty of the council to: (1) Meet at such times as necessary in its discretion; (2) Organize and elect a chairman and such other officers from its membership as it deems necessary; (3) Advise the board regarding needed rules and regulations for the corps; (4) Review, analyze, and discuss the operation of the corps; (5) Advise the department and the director on matters affecting the efficient operation of the corps and the accomplishment of its purposes; (6) Assist in the promotion of the objectives of the corps; and (7) Review and recommend appropriate levels of funding and expenditures. (d) Members of the council shall receive no compensation but for each day of meeting shall receive the same per diem expense amounts and transportation or mileage costs at the legal rate as are granted to members of interim legislative committees. Section 2. This Act shall become effective on the same effective date as an appropriations Act of the General Assembly which contains a line item amount appropriated for the implementation and administration of this Act.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. DENTISTRY DENTISTS, DENTAL HYGIENISTS, AND DENTAL ASSISTANTS; LICENSES; REPORTS; SANCTIONS; SEDATION AND ANESTHESIA. Code Title 43, Chapter 11 Amended. No. 674 (House Bill No. 125). AN ACT To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, so as to provide for definitions; to change what acts constitute the practice of dentistry; to provide for the use of conscious sedation and general anesthesia by dentists and certain other persons; to provide for morbidity, mortality, and injury reports; to change the application of the chapter; to change the qualifications for a license to practice dentistry; to provide requirements for certain license renewals; to change the grounds for certain disciplinary sanctions; to change the qualifications for dental hygienists and the grounds for certain sanctions relating thereto; to provide for the duties, practices, and other acts of dental hygienists; to provide for biennial renewal of licenses of dental hygienists; to provide for dental assistants and their duties and qualifications and exceptions thereto; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, is amended by striking

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Code Section 43-11-1, providing a definition, and inserting in its place a new Code section to read as follows: 43-11-1. As used in this chapter, the term: (1) `Board' means the Georgia Board of Dentistry. (2) `Conscious sedation' means a depressed level of consciousness, produced by a pharmacologic agent, which retains the patient's ability to maintain independently and continuously an airway and appropriately respond to physical stimulation and verbal command. The use of nitrous oxide as the only systemic sedative is not considered conscious sedcation for purposes of this chapter. (3) `General anesthesia' means a controlled state of depressed consciousness, produced by a pharmacologic agent, which is accompanied by partial or complete loss of protective reflexes, including the inability to maintain independently an airway or respond purposefully to physical stimulation or verbal command. For purposes of this chapter, `general anesthesia' includes deep sedation. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-11-17, relating to acts constituting dentistry, and inserting in its place a new subsection to read as follows: (a) Except as expressly provided in this chapter, any person who performs any of the following procedures, operations, or services shall be regarded as practicing dentistry within the meaning of this chapter: (1) Operates or performs part of any operation of any kind in the treatment of diseases or lesions of the human mouth, teeth, gums, or jaws; (2) Extracts teeth or attempts to correct a malposition thereof; (3) Fills or crowns a human tooth or teeth; (4) Does any operation whatsoever on the human mouth, teeth, gums, or jaws;

Page 934

(5) Examines any human mouth, teeth, gums, or jaws or takes an impression thereof for the purpose of diagnosing, treating, or operating upon the same; (6) Makes, repairs, adjusts, or relines appliances usable on teeth or as teeth unless such appliances, repairs, adjustment, or relines are ordered by and returned to a licensed dentist; (7) Undertakes to do or perform any physical evaluation of a patient in his office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery; (8) Diagnoses dental radiographs or makes radiographs except for use by a licensed dentist or a licensed physician; or (9) By any means whatsoever makes it known, implies, or holds out to the public in any fashion that such person will do any of the operations, procedures, or services set forth in this subsection. Section 3. Said chapter is further amended by striking Code Section 43-11-21, relating to the use of general anesthesia, and inserting in its place the following new Code sections: 43-11-21. (a) No dentist licensed and practicing in the State of Georgia shall administer either multiple pharmacologic agents by oral route or single or multiple pharmacologic agents by parenteral route for the purpose of conscious sedation unless such dentist has been issued a permit by the board under the conditions specified therefor in this Code section. However, this Code section shall not restrict the use of either nitrous oxide, a single pharmacologic agent, or both, administered by oral route in accordance with acceptable and prevailing practices. Such permit shall be subject to biennial renewal at the time the dentist is required to renew that dentist's license to practice dentistry. It shall be the responsibility of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board.

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(b) On and after July 1, 1988, no dentist shall be issued a permit under this Code section unless the board has received satisfactory evidence that such dentist: (1) Has received formal training in the use of conscious sedation at an institution accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor agency, and is certified by such institution as competent in the administration of pharmacologic agents for conscious sedation and the handling of emergencies relating to conscious sedation. Such certification shall specify the type, number of hours, and length of training. The minimum didactic hours, patient contact hours, and number of patients sedated under supervision shall be established by rule or regulation of the board; (2) Utilizes a properly equipped facility for the administration of conscious sedation, including physical plant and equipment, which has been evaluated and certified by an on-site examination; and (3) Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering sedative techniques in the dentist's office on a patient or patients in a safe and effective manner. (c) Prior to July 1, 1988, the board may issue a permit to administer conscious sedation to any dentist licensed in the State of Georgia presently using conscious sedation on a regular basis, provided such dentist: (1) Passes a written examination as may be administered or designated by the board, which shall demonstrate sufficient knowledge of the principles and techniques of conscious sedation and in the prevention, recognition, and management of complications that may occur during the use of conscious sedation; (2) Meets the requirements of paragraphs (2) and (3) of subsection (b) of this Code section; and (3) Meets all additional training required by the board for any dentist who has experienced an incidence

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of morbidity or mortality relating to the use of conscious sedation. (d) In enforcing the provisions of this Code section, the board is authorized to designate qualified persons to perform the on-site examinations and is further authorized to provide by rule or regulation for standards for physical plant, equipment, and personnel to be utilized in the induction of conscious sedation. (e) The board or its appointed designee may, upon reasonable notice, make on-site inspections of the facility, equipment, and personnel of a dentist issued a permit under this Code section to determine if the standards of paragraph (2) of subsection (b) of this Code section are being maintained. (f) (1) The board may, upon proper application, grant a provisional permit to administer conscious sedation under the following circumstances: (A) Prior to July 1, 1988, to any licensed dentist who is presently utilizing conscious sedation on a regular basis and who has had no incidence of morbidity or mortality relating to such use of conscious sedation; and (B) On and after July 1, 1988, to any dentist who meets the requirements of paragraph (1) of subsection (b) of this Code section. (2) A provisional permit issued under this subsection shall expire six months after its issuance or upon the board's determination by site visit that the requirements of paragraphs (2) or (3) of subsection (b) of this Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date. (g) A dentist holding a current, valid permit to administer general anesthesia as provided in this chapter shall not be required to obtain a permit under this Code section in order to administer conscious sedation.

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(h) A permit issued under this Code section may be revoked or not renewed if the board determines that the dentist holding such permit no longer meets any requirement of subsection (b) of this Code section. The board shall provide notice and opportunity for hearing under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' in any case in which it revokes or refuses to renew a permit, provided that summary action regarding such permit shall be authorized under Code Section 50-13-18. 43-11-21.1. (a) No dentist shall administer general anesthesia on an outpatient basis unless such dentist has been issued a permit by the board under the conditions specified in this Code section. Such permit shall be subject to biennial renewal at the time the dentist is required to renew his license to practice dentistry. It shall be the responsibility of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board. (b) No dentist shall be issued a permit under this Code section nor have such permit renewed unless the board has received satisfactory evidence that such dentist: (1) (A) Has successfully completed a minimum of one year of advanced training in anesthesiology and related academic subjects beyond the undergraduate dental school level at an institution accredited by the Commission on Dental Accreditation of the American Dental Association, the Joint Commission on Accreditation of Hospitals, or their respective successor agencies; or (B) Is a diplomate of the American Board of Oral and Maxillofacial Surgery, is a member of the American Association of Oral and Maxillofacial Surgeons, or is a fellow of the American Dental Society of Anesthesiology; (2) Utilizes a properly equipped facility for the administration of general anesthesia, including physical plant and equipment which has been evaluated and certified by an on-site examination; and

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(3) Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering general anesthesia on a patient or patients in the dentist's office in a safe and effective manner. (c) In enforcing the provisions of this Code section, the board is authorized to designate qualified persons to perform the on-site examination and is further authorized to provide by rule or regulation for standards for physical plant, equipment, and personnel to be utilized in the administration of general anesthesia. (d) (1) This Code section shall not prohibit a person who is duly licensed to practice medicine in this state and who is a member of the anesthesiology staff of an institution classified as a hospital and issued a permit as an institution under Code Section 31-7-1 from administering general anesthesia in a dental facility, except that such anesthesiologist shall remain on the premises of the dental facility until any patient given a general anesthetic by such anesthesiologist is stabilized and has regained consciousness. (2) This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering general anesthesia in a dental facility, provided that such anesthesia is administered under the direction and responsibility of a dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given a general anesthetic by such nurse anesthetist is stabilized and has regained consciousness. (e) The board or its authorized designee may, upon reasonable notice, conduct an on-site inspection of the facility, equipment, and personnel of a dentist issued a permit under this Code section to determine if the standards of paragraph (2) of subsection (b) of this Code section are being maintained. (f) The board may, upon proper application, grant a provisional permit to any dentist who meets the requirements of subparagraph (b)(1)(A) or (b)(1)(B) of this Code section, but such permit shall expire six months after its issuance or upon the board's determination by site visit that the requirements

Page 939

of paragraph (2) or (3) of subsection (b) of this Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date. (g) A permit issued under this Code section may be revoked or not renewed if the board determines that the dentist holding such permit no longer meets any requirement of subsection (b) of this Code section. The board shall provide notice and opportunity for hearing under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' in any case in which it revokes or refuses to renew a permit, provided that summary action regarding such permit shall be authorized under Code Section 50-13-18. 43-11-21.2. (a) All dentists licensed to practice in Georgia shall submit a complete report to the Georgia Board of Dentistry of any morbidity or mortality occurring in the course of such dentist's practice or other injury which results in temporary or permanent physical injury requiring any period of hospitalization. This report shall be filed with the board no later than 30 days following such incident and shall contain such information as the board shall deem necessary to investigate the circumstances of the incident. (b) Any report received by the board pursuant to this Code section shall be subject to the limitations on disclosure set forth in paragraph (2) of subsection (h) of Code Section 43-11-47. Section 4 . Said chapter is further amended by striking Code Section 43-11-22, regarding application of the chapter to physicians and certain others, and inserting in its place a new Code section to read as follows: 43-11-22. This chapter shall not apply to regularly licensed physicians in extracting teeth or performing surgical operations. This chapter also shall not apply to any person who extracts any exfoliating deciduous teeth. Section 5 . Said chapter is further amended by striking Code Section 43-11-40, relating to qualifications for a license

Page 940

to practice dentistry, and inserting in its place a new Code section to read as follows: 43-11-40. (a) (1) Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure: (A) Successful completion at an accredited dental school of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and (B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure. (3) In order to be granted a license under this part, all applicants must successfully pass the board examination, which shall be administered in the English language. (b) All applications to the board for a license shall be made through the joint-secretary, who shall then submit all such applications to the board for review and approval. These applications shall be received by the joint-secretary not later than 45 days before the date set for the next session of the board. (c) Subject to the provisions of subsection (a) of Code Section 43-11-47, applicants who have met the requirements of subsection (a) of this Code section and who have successfully

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passed the board examination shall be granted licenses to practice dentistry. Section 6. Said chapter is further amended by designating the existing paragraph of Code Section 43-11-46, relating to biennial renewals, as subsection (a) and inserting immediately thereafter a new subsection to read as follows: (b) After 1988, as a prerequisite for license renewal, dentists shall furnish satisfactory evidence of current certification in cardiopulmonary resuscitation as may be defined by rule or regulation of the board. Section 7. Said chapter is further amended by striking paragraph (12) of subsection (a) of Code Section 43-11-47, relating to disciplinary sanctions, and inserting in its place a new paragraph to read as follows: (12) Displayed an inability to practice dentistry with reasonable skill and safety to patients or has become unable to practice dentistry with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing dentistry in this state, or shall file an application for a license to practice dentistry in this state, shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his control, the board may enter a final order upon proper

Page 942

notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing dentistry under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of dentistry with reasonable skill and safety to patients;. Section 8. Said chapter is further amended by striking Article 3 thereof, relating to dental hygienists, and inserting in its place a new article to read as follows: ARTICLE 3 43-11-70. No person shall practice as a dental hygienist in this state until such person has passed a written and a clinical examination conducted by the Georgia Board of Dentistry. The fee for such examination shall be paid to the joint-secretary and shall be in an amount established by the board. The board shall issue licenses and license certificates as dental hygienists to those persons who have passed the examination in a manner satisfactory to the board, which license certificate shall be posted and displayed in the place in which the hygienist is employed. 43-11-71. No person shall be entitled to, or be issued, such license, as set out in Code Section 43-11-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a school or college for dental hygienists recognized by the board and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. Such school or college must conduct a course consisting of not less than two academic years for dental hygiene graduation. 43-11-72. The board shall have the authority to sanction the license of any licensed dental hygienist in this state based upon any ground or violation enumerated in Code Section 43-11-47 in accordance with the sanctions, standards, and procedures set forth therein, or for violation of Code Section 43-11-74 or any other law or rule relating to the practice of dental hygiene, in accordance with the sanctions, standards, and procedures set forth in Code Section 43-11-47. 43-11-73. (a) Every person licensed by the board to practice dental hygiene shall register biennially on the renewal

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date set by the joint-secretary and shall pay to the joint-secretary a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration. (b) After 1988, as a prerequisite for license renewal, dental hygienists shall furnish satisfactory evidence of current certification in cardiopulmonary resuscitation, as may be defined by rule or regulation of the board. 43-11-74. (a) Dental hygienists shall perform their duties only under the direct supervision of a licensed dentist. No dental hygienist shall diagnose, prescribe, determine the initial dosage, or increase the initial dosage of nitrous oxide, practice dentistry or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the surfaces of the teeth, to apply ordinary wash or washes of a soothing character, and to perform those acts, services, procedures, and practices which the board shall prescribe by rule or regulation. The board shall not delegate to dental hygienists the authority to administer local anesthesia, except that this restriction shall automatically expire July 1, 1992. (b) After meeting such additional education and training requirements as the board may require by rule or regulation, a dental hygienist may perform such other acts, practices, services, or procedures under the direct supervision of a licensed dentist, which the board may prescribe by rule or regulation subject, however, to the limitations set forth in subsection (a) of this Code section. (c) The requirement of direct supervision shall not apply to the educational training of dental hygiene students at an institution approved by the board and the Commission on Dental Accreditation of the American Dental Association, or its successor agency, when such instruction is carried out under such degree of supervision by a licensed dentist as the board may prescribe by rule or regulation. (d) The requirement of direct supervision shall not apply to the performance of dental hygiene duties at approved dental facilities of the Department of Human Resources, county

Page 944

boards of health, or the Department of Corrections. The board shall provide by rule or regulation for criteria for approval of such facilities and for the appropriate degree of supervision by a licensed dentist over dental hygienists performing duties in such facilities. 43-11-75. This article shall not apply to licensed dentists, nor shall this article apply to regularly licensed physicians in extracting teeth or performing surgical operations and in charging therefor or to regularly chartered schools of dentistry. 43-11-76. Any person who engages in the practice of dental hygiene without first having obtained a license therefor shall be guilty of a misdemeanor. Section 9. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 43-11-80. (a) A dental assistant is one, other than a licensed dentist or licensed dental hygienist, who is employed to assist a licensed dentist by performing those acts, services, practices, and procedures as may be prescribed by rule or regulation of the Georgia Board of Dentistry. (b) After meeting such additional education and training requirements as the board may require by rule or regulation, a dental assistant may perform such other acts, practices, services, or procedures, under the direct supervision of a licensed dentist, which the board may prescribe by rule or regulation. 43-11-81. Dental assistants shall perform their duties only under the direct, personal supervision of a licensed dentist. No dental assistant shall practice dentistry, dental hygiene, or do any kind of dental work other than those acts, services, procedures, and practices prescribed by rule or regulation of the Georgia Board of Dentistry. 43-11-82. This article shall not apply to licensed dentists or dental hygienists, nor shall this article apply to regularly

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licensed physicians in extracting teeth or performing surgical operations and in charging therefor, or to regularly chartered schools of dentistry. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. CRIMES AND OFFENSES CIGARETTES AND TOBACCO RELATED OBJECTS; SELLING OR FURNISHING TO OR PURCHASE BY MINORS UNDER 17 YEARS OF AGE; PENALTIES; SIGNS; VENDING MACHINES. Code Sections 16-12-170 through 16-12-173 Enacted. No. 675 (House Bill No. 142). AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase of cigarettes or tobacco related objects for any minor; to prohibit advising, counseling, or compelling any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects; to provide for a showing of proper identification prior to the sale of cigarettes or tobacco related objects; to prohibit the purchase of cigarettes or tobacco related objects by minors; to prohibit the misrepresentation of identity or age or use of any false identification by a minor for the purchase of any cigarettes or tobacco related objects; to provide for the posting of certain warning signs by any person, firm, partnership, company, corporation, or other entity who owns or operates a place of business in which cigarettes or tobacco related objects are sold or offered for sale; to provide for the posting of warning signs on vending

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machines which dispense cigarettes or tobacco related objects; to prohibit persons from knowingly allowing minors to operate such vending machines; to prohibit minors from operating such vending machines; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding at the end thereof a new article to be designated Article 7 to read as follows: ARTICLE 7 16-12-170. As used in this article, the term: (1) `Cigarettes' means any type of tobacco or tobacco product. (2) `Community service' means a public service which a minor might appropriately be required to perform, as determined by the court, as punishment for certain offenses provided for in this article. (3) `Minor' means any person who is under the age of 17 years. (4) `Person' means any natural person or any firm, partnership, company, corporation, or other entity. (5) `Proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. `Proper identification' shall not include a birth certificate. (6) `Tobacco related objects' means any papers, wrappers, or other products, devices, or substances which are

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used for the purpose of making cigarettes or tobacco in any form whatsoever. 16-12-171. (a) (1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor; (B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects. (2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is 17 years of age or older. (3) Any person who violates this subsection shall be guilty of a misdemeanor; provided, however, for a first offense the sentence shall be suspended. (b) (1) It shall be unlawful for any minor to: (A) Purchase any cigarettes or tobacco related objects; or (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects. (2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours;

Page 948

(B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or (C) By a combination of the punishments described in subparagraphs (A), (B), and (C) of this paragraph. 16-12-172. (a) Any person owning or operating a place of business in which cigarettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement: `SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER 17 YEARS OF AGE IS PROHIBITED BY LAW.' Such sign shall be printed in letters of at least one-half inch in height. (b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor. 16-12-173. (a) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement: `THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 17 YEARS OF AGE IS PROHIBITED BY LAW.' (b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, for a first offense, the sentence shall be a fine not to exceed $300.00. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate

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a vending machine which dispenses cigarettes or tobacco related objects. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12-171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes or tobacco related objects. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. MOTOR VEHICLES AND TRAFFIC REGISTRATION AND LICENSE REQUIREMENTS; PENALTIES; TIME LIMITS; BICENTENNIAL LICENSE PLATES; SPECIAL LICENSE PLATES FOR TRAILERS; FALSE STATEMENTS IN APPLICATIONS FOR REGISTRATION. Code Sections 40-2-20, 40-2-29, and 40-2-114 Amended. Code Section 40-2-75.2 Enacted. No. 676 (House Bill No. 160). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide a penalty for the failure to comply with certain registration and license requirements; to change the vehicles required to be registered within a certain period of time; to prohibit the validation and use of the special bicentennial license plate after 1989; to authorize the commissioner to issue an annual special license plate for certain trailers; to make it unlawful to make false statements in any application for a registration of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 950

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-20, relating to the registration of motor vehicles, in its entirety and inserting in lieu thereof a new Code section to read as follows: 40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;

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(5) To any motorized cart; or (6) To any moped. (c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00. Section 2. Said title is further amended by striking subsection (b) of Code Section 40-2-29, relating to seven-year and annual license plates, generally, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the `Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of seven years. Every seven years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1976, which were originally intended for use for a period of five years, shall continue to be used until replaced by the issuance of new metal license plates beginning on January 1, 1983; provided, however, that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982, and the commissioner shall issue a special revalidation decal for such license plates in 1983 and regular revalidation decals through 1989. No bicentennial license plate may be renewed after the tag year 1989.

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Section 3 . Said title is further amended by adding immediately following Code Section 40-2-75.1 a new Code Section 40-2-75.2 to read as follows: 40-2-75.2. (a) As used in this Code section, the term `trailer' means any utility trailer that is owned by and leased or rented out by a person, firm, or corporation in the business of leasing or renting out such trailers. (b) The commissioner is authorized to issue an annual special license plate for trailers. (c) Any trailer owner, upon complying with the laws relating to registration and licensing and upon the payment of a $8.00 fee, shall be issued annually the special license plate authorized by this Code section. Section 4 . Said title is further amended by striking Code Section 40-2-114, relating to unlawful acts relating to the registration and licensing of motor vehicles, and inserting in lieu thereof a new Code section to read as follows: 40-2-114. (a) It shall be unlawful for any person: (1) To operate a motor truck subject to this article upon any public highway in this state without first obtaining the permit required under Code Section 40-2-111; (2) To violate any regulation issued by the commissioner pursuant to the authority granted under this article; (3) To fail to file any return or report required by the commissioner; (4) To make a false return or fail to keep records of operations as may be required by the commissioner; or (5) To make knowingly any false statement in any application for registration. (b) Any person who violates any provision of this Code section, upon first conviction, shall be punished by a fine of

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not less than $100.00 nor more than $250.00; and upon a second or subsequent conviction, by a fine of not less than $250.00 nor more than $500.00, or by imprisonment for not more than 30 days, or both. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. JURIES COMPILATION AND REVISION OF JURY LISTS; SELECTION OF TRIAL AND GRAND JURORS; NUMBER OF NAMES DRAWN. Code Sections 15-12-40 and 15-12-62 Amended. No. 677 (House Bill No. 183). AN ACT To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to the compilation and revision of jury lists; to change the procedures relating thereto; to provide procedures for the selection of trial and grand jurors through both nonmechanical methods of selection and mechanical or electronic methods of selection; to change the number of names drawn for service as grand jurors through both nonmechanical procedures and mechanical or electronic procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by striking Code Section 15-12-40, which reads as follows:

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15-12-40. (a) (1) At least biennially, or, if the chief judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile, maintain, and revise a jury list of intelligent and upright citizens of the county to serve as jurors. In composing such list the commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county, they shall supplement the list by going out into the county and personally acquainting themselves with other citizens of the county, including intelligent and upright citizens of any significantly identificable group in the county which may not be fairly represented on the jury list. (2) After selecting the citizens to serve as jurors, the jury commissioners shall select from the jury list a sufficient number of the most experienced, intelligent, and upright citizens, not exceeding two-fifths of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of trial jurors for the county, except as otherwise provided in this article, and no new names shall be added until those names originally selected have been completely exhausted. However, when a name which has already been drawn for the same term as a grand juror shall also be drawn as a trial juror, such name shall be returned to the box and another name shall be drawn in its stead. (b) (1) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a jury list of all the intelligent and upright citizens of the county who are otherwise qualified to serve as jurors. The approved jury list may be taken from the registered voters' list of the county as most recently revised by the county board

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of registrars or other county election officials and from any other source approved by the board of jury commissioners. After selecting the citizens to serve as jurors, the board of jury commissioners shall select from the jury list any number of the most experienced, intelligent, and upright citizens to serve as grand jurors. The number of citizens on said list shall be established by the jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, not to exceed 5,000 jurors. (2) Once the jury list is established, the board of jury commissioners may add new names to the lists, correct names and addresses within the lists, and eliminate names from the lists by reason of death or legal cause from time to time. (3) The list so established shall become the permanent jury box. The information contained thereon shall be stored in a security data processing storage bank from which all juries in the county shall be selected by the judges designated by law to draw the trial juries or grand juries. (4) The computer shall be programmed to scan the entire list at each selection of trial jurors and grand jurors under the formula and plan adopted by the court pursuant to Code Section 15-12-43., and inserting in lieu thereof a new Code Section 15-12-40 to read as follows: 15-12-40. (a) (1) At least biennially, or, if the chief judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile, maintain, and revise a jury list of intelligent and upright citizens of the county to serve as trial jurors. In composing such list, the commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county from the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials. If at any time

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it appears to the jury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county, they shall supplement the list by using other sources so as to assure the jury list is a fairly representative cross section of the intelligent and upright citizens of the county. (2) At least biennially, or, if the chief judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile, maintain, and revise a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing such a list, the commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county from the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the grand jury list, so composed, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, they shall supplement the list by using other sources so as to assure the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Such list shall not exceed two-fifths of the number of citizens on the county's most recent trial jury list. (3) Once filed, the lists so created shall constitute the body of trial and grand jurors for the county, respectively. Except as otherwise provided in this article, no new names shall be added to either list until those names originally selected have been completely exhausted or until a revised list has been properly created. Nothing in this article shall be construed to prohibit a citizen who is otherwise qualified from being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead. (b) (1) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic

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means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a trial jury list of intelligent and upright citizens of the county to serve as trial jurors. In composing such list, the commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county, they shall supplement the list by using other sources so as to assure the trial jury list is a fairly representative cross section of the intelligent and upright citizens of the county. (2) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing such list, the commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county from the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the grand jury list, so comprised, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, they shall supplement the list by using other sources so as to assure the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. The number of citizens on such list shall be established by the jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, but not to exceed 5,000 grand jurors. (3) Once the trial or grand jury lists, or both, are established, the board of jury commissioners may revise such lists from time to time by adding new names to

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the lists, correcting names and other data on the lists, and deleting names from the lists by reason of death or other legal cause. When the board of jury commissioners removes or adds individuals to either list, the copy of the respective list on file with the clerk of the superior court shall be made to reflect these additions or deletions. (4) Any trial or grand jury list so established shall become the trial or grand jury box for the county. The information contained thereon shall be stored in a security data processing storage bank from which all trial or grand juries in the county shall be selected by the judges designated by law to draw the trial or grand juries. (5) At each selection of trial or grand jurors, the computer shall be programmed to scan the entire appropriate juror list under the formula and plan adopted by the court pursuant to Code Section 15-12-43. Section 2. Said chapter is further amended by striking Code Section 15-12-62, relating to the selection of grand jurors, and inserting in lieu thereof a new Code Section 15-12-62 to read as follows: 15-12-62. (a) The judges of the superior courts, at the close of each term, in open court, shall unlock the box and break the seal and shall cause to be drawn from compartment number `one' not less than 18 nor more than 75 names to serve as grand jurors at the next term of the court, all of which names shall be deposited in compartment number `two.' When all the names have been drawn out of compartment number `one,' then the drawing shall commence from compartment number `two,' and the tickets shall be returned to number `one,' and so on alternately. No name so deposited in the box shall, on any pretense whatever, be thrown out of it or destroyed except when it is satisfactorily shown to the judge that the juror is dead, removed out of the county, or otherwise disqualified by law. (b) In those counties utilizing mechanical or electronic means for the selection of jurors, subsection (a) of this Code section shall not apply. Rather, the judges of the superior court shall draw a grand jury from the `electronic jury box'

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in the same manner and under the same plan that trial juries are drawn. They shall draw not less than 18 nor more than 75 names to serve as grand jurors at the next term of court. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. TEACHERS RETIREMENT SYSTEM OF GEORGIA ACCUMULATED CONTRIBUTIONS REDEFINED; EMPLOYERS TO MAKE EMPLOYEE CONTRIBUTIONS; COMPENSATION OF MEMBERS; DECLINING MEMBERSHIP OR RETAINING MEMBERSHIP. Code Sections 47-3-1, 47-3-41, and 47-3-60 Amended. Code Section 47-3-41.1 Enacted. No. 678 (House Bill No. 277). AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the definition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make employee contributions on behalf of members; to provide that such employee contributions made by employers shall be treated as employer contributions for certain tax purposes; to authorize employers to reduce the compensation of members to fund such employer payment of employee contributions; to authorize persons at least 60 years of age who become teachers to decline membership in the retirement system; to authorize certain members to remain members of the retirement system notwithstanding a change in employment status which would ordinarily require

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membership in the Employees' Retirement System of Georgia; 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. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking paragraph (1) of Code Section 47-3-1, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Accumulated contributions' means the sum of all the amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his individual account in the annuity savings fund, together with regular interest on such amounts, as provided in Code Section 47-3-41. Beginning July 1, 1987, `accumulated contributions' shall include the amount of employee contributions paid by employers on behalf of members and credited to the individual accounts of members in the annuity savings fund, together with regular interest thereon. Section 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 47-3-41, relating to the annuity savings fund and employee contributions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period 6 percent of his earnable compensation; but no such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The

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employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July 1, 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section 47-3-41.1; Section 3. Said chapter is further amended by adding immediately following Code Section 47-3-41 a new Code Section 47-3-41.1 to read as follows: 47-3-41.1. (a) Beginning on July 1, 1987, each employer shall pay to the board of trustees on behalf and to the credit of each member required to make employee contributions under subsection (a) of Code Section 47-3-41, on each and every payroll period, the employee membership contributions specified by said subsection (a) of Code Section 47-3-41 for membership service acquired after June 30, 1987. (b) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; provided, however, employers shall continue to withhold federal income taxes on the basis of such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414 (h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available. (c) Each employer may reduce the compensation payable to a member in an amount not exceeding the amount of the employee contribution paid by the employer on behalf

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of the member as provided in subsection (a) of this Code section. Such reduction in compensation may be made, notwithstanding the fact that the compensation provided by or pursuant to law for the member may be reduced thereby. (d) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall be included in the earnable compensation of members in the computation of retirement benefits, and, except for the purposes of subsection (b) of this Code section, such contributions shall continue to be employee contributions for all purposes under this chapter. (e) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall continue to be taxable income for the purposes of Chapter 7 of Title 48, relating to Georgia income taxes, notwithstanding the fact that under subsection (b) of this Code section such contributions may be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code. (f) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties provided for by other provisions of this chapter and such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this Code section. Section 4. Said chapter is further amended by adding at the end of Code Section 47-3-60, relating to membership in the retirement system, new subsections (j) and (k) to read as follows: (j) Any other provisions of law to the contrary notwithstanding, any person at least 60 years of age who first becomes a teacher on or after July 1, 1987, and any former member of the retirement system at least 60 years of age who has withdrawn from the retirement system employee contributions made during such former membership again becoming a teacher on or after July 1, 1987, shall have the right to decline membership in the retirement system. The right shall be exercised by sending written notice to the board of trustees on a form provided by the board for such purpose. The right must be exercised within 90 days after becoming a teacher.

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Any person declining membership in the retirement system pursuant to this subsection shall not at any time thereafter be eligible for membership in the retirement system. Any person failing to exercise the right provided by this subsection within 90 days after becoming a teacher shall become and remain a member of the retirement system as a condition of continued employment. Any employee contributions made during the first 90 days as a teacher by a person who exercises the right provided by this subsection shall be reimbursed to the person within 30 days after the board of trustees receives the written notice declining membership in the retirement system. (k) Any other provisions of this chapter or of Chapter 2 of this title to the contrary notwithstanding, any member of this retirement system with five or more years of continuous membership service who is employed by Central State Hospital and who, without any break in employment, becomes employed in a position where membership in the Employees' Retirement System of Georgia is ordinarily required shall have the option to remain a member of this retirement system, notwithstanding the change in the member's employment status. Such option shall be exercised by notification, in writing, to the boards of trustees of this retirement system and the Employees' Retirement System of Georgia. The employer of any such member who exercises the option provided by this subsection shall be an employer for the purposes of this chapter. Section 5. This Act shall become effective on July 1, 1987. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987.

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GEORGIA ASBESTOS SAFETY ACT ELECTRICAL CONTRACTORS; PLUMBERS; CONDITIONED AIR CONTRACTORS; LOW-VOLTAGE CONTRACTORS; LICENSE EXEMPTIONS. Code Section 12-12-10 Amended. No. 679 (House Bill No. 463). AN ACT To amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the Georgia Asbestos Safety Act, so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the Georgia Asbestos Safety Act; 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 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the Georgia Asbestos Safety Act, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Notwithstanding any other provisions of this chapter, any person who is licensed under Chapter 14 of Title 43 shall be exempt from the license requirements and other provisions of this chapter when performing asbestos removal or installation which is incidental to the performance of the business or profession for which said person is licensed and when the project involved includes less than: (1) Ten by two continuous linear feet of material constructed of asbestos; or (2) Ten square feet of material constructed of asbestos. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. REVENUE AND TAXATION TAX EXECUTIONS; LEVY ADMINISTRATION FEE. Code Section 48-5-161 Amended. No. 680 (House Bill No. 559). AN ACT To amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance and collection of tax executions, so as to provide for the collection of a levy administration fee to cover the expenses incurred by the county in the issuing of the execution and the administration of the levy; to provide for the amount of such fee; to provide that such fee shall likewise be charged and collected when an execution is enforced through tax garnishment; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance and collection of tax executions, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) (1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach from the

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execution the tax receipt and enter on the receipt the amount collected including all costs, commissions, interest, and penalties as provided by law. He shall also make a similar entry on the execution and on the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office. (2) Once a levy is made or posted on the property of a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12. Section 2. This Act shall become effective July 1, 1987, and shall apply with respect to executions issued on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987.

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REDEVELOPMENT POWERS LAW REDEVELOPMENT AREA; DEFINITION. Code Section 36-44-3 Amended. No. 681 (House Bill No. 561). AN ACT To amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions under the Redevelopment Powers Law, so as to provide for additional areas to be included in the definition of a redevelopment area; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions under the Redevelopment Powers Law, is amended by striking subparagraphs (D) and (E) of paragraph (7) in their entirety and substituting in lieu thereof new subparagraphs (D), (E), and (F) to read as follows: (D) Any area located within an urbanized or developed area and which, immediately prior to becoming open, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph; (E) Any area located within an urbanized or developed area which is substantially underutilized by containing open lots or parcels of land or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity of the area or by having development impaired by airport and related transportation noise or by related environmental factors or by any combination of the foregoing factors; or (F) Any area combining any factors specified in subparagraphs (A) through (E) of this paragraph. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987.

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PROFESSIONAL FUND RAISERS AND PROFESSIONAL SOLICITORS REGISTRATION OF CHARITABLE ORGANIZATIONS; FAIR BUSINESS PRACTICES ACT OF 1975; APPLICABILITY. Code Title 43, Chapter 17 Amended. No. 682 (House Bill No. 605). AN ACT To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and professional solicitors, so as to change the definition of a certain term; to change certain provisions relating to the registration of charitable organizations; to change the provisions relating to reports by registered charitable organizations and professional fund raisers; to repeal certain provisions relating to the registration of professional solicitors; to provide for application of the Fair Business Practices Act of 1975; to provide for certain actions under the Fair Business Practices Act of 1975; to repeal certain provisions relating to charitable expenditures and the granting of certain exemptions; to change certain provisions relating to withdrawal of registration; to provide for hearings; to provide for application of the Georgia Administrative Procedure Act; to provide for reinstatement of registration; to change certain provisions relating to designation of the Secretary of State as agent for service of process; to change certain provisions relating to investigations; to provide for investigations inside or outside the state; to provide for hearings; to provide for assistance to the administrator under the Fair Business Practices Act of 1975; to change certain provisions relating to equitable relief; to provide for administration; to provide for rules and regulations; to change certain provisions relating to private actions; to change certain provisions relating to exceptions to operation of chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and

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professional solicitors, is amended by striking in its entirety paragraph (10) of Code Section 43-17-1, relating to definitions, and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Solicitation,'`solicitation of funds,' or `solicit' means the request directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' Section 2. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 43-17-2, relating to the registration of charitable organizations, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The names and addresses of any professional fund raisers who act or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the professional fund raisers;. Section 3. Said chapter is further amended by striking in its entirety Code Section 43-17-4, relating to reports by registered charitable organizations and professional fund raisers, and inserting in lieu thereof a new Code Section 43-17-4 to read as follows: 43-17-4. (a) All charitable organizations required to register pursuant to Code Section 43-17-2 and all professional fund raisers required to register pursuant to Code Section 43-17-3 which have received contributions during the preceding calendar year may be required to file such written reports with the Secretary of State as prescribed by him during the first year of operation. Thereafter, an annual report shall be filed within 180 days after the close of the fiscal year of the charitable organization or professional fund raiser, which report shall include a financial statement covering the preceding fiscal quarter or year of operation, clearly setting

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forth the gross income, expenses, and net amount inuring to the benefit of the charitable organization. Such report shall state the names of its professional fund raisers used during the year, if any, and the amounts of compensation received by them. Each annual report filed with the Secretary of State as required in this subsection shall be accompanied by a $10.00 fee. Any charitable organization or professional fund raiser that fails to submit its annual report by the close of the 180 day period shall be assessed a late fee of $25.00 for each month or part of a month that such organization or fund raiser is late in filing its annual report. Such report, when filed, shall become a public record in the office of the Secretary of State. (b) The report of a state-wide parent charitable organization shall include the combined reports of all its chapters, branches, or affiliates. This total state report of chapters, branches, or affiliates or their managers to the parent organization need not be made separately to the Secretary of State but shall be made to the parent organization after being verified by an independent local audit. (c) All reports filed under this Code section shall be accompanied by a certified financial statement prepared in accordance with generally accepted accounting principles and examined in accordance with generally accepted auditing standards by an independent certified public accountant duly registered and in good standing as such under the laws of the place of such certified public accountant's residence or principal office if the charitable organization or professional fund raiser has received or collected more than $50,000.00 during the reporting period. Section 4. Said chapter is further amended by striking in its entirety Code Section 43-17-6, relating to the registration of professional solicitors, which reads as follows: 43-17-6. Every professional solicitor employed or retained by a professional fund raiser required to register pursuant to this chapter shall register with the Secretary of State before accepting employment by such professional fund raiser. Application for such registration shall be in writing, under oath, in the form prescribed by the Secretary of State

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and shall be accompanied by a fee of $25.00. Such registration, when effected, shall be for a period of one year, or a part thereof, expiring on August 31, and may be renewed upon payment of the fee prescribed by this chapter for additional one-year periods., and inserting in lieu thereof a new Code Section 43-17-6 to read as follows: 43-17-6. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975'; and the administrator may take any action he deems necessary under said Act with regard to any unfair and deceptive acts or practices in the conduct of solicitations. Section 5. Said chapter is further amended by striking in its entirety Code Section 43-17-7, relating to charitable expenditures and the granting of certain exemptions, which reads as follows: 43-17-7. (a) Each charitable organization which is required to be registered pursuant to this chapter shall expend, for the charitable purposes for which such contributions were solicited and received, at least 70 percent of the total contributions. (b) An exemption from subsection (a) of this Code section may be granted for a period not to exceed one year and may be renewed, effective either for a prescribed period or on a continuing basis, without limitation as to time. The Secretary of State, the Attorney General, and the administrator or their designees shall meet quarterly to review and to make a determination on petitions requesting exemption. Such petitions shall outline the reasons for which exemption should be granted and be filed with the Secretary of State. (c) For purposes of this Code section, the total contributions solicited or received shall be adjusted so as not to include contributions received equal to the actual cost to the charitable organization of goods, food, entertainment, or drink sold or provided to the public or the actual postage paid to the

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United States Postal Service and printing and printing-related expenses in conjunction with the soliciting of contributions through direct mail., and inserting in lieu thereof the following: 43-17-7. Reserved. Section 6. Said chapter is further amended by striking in its entirety Code Section 43-17-11, relating to withdrawal of registration, and inserting in lieu thereof a new Code Section 43-17-11 to read as follows: 43-17-11. (a) Whenever it is determined by the Secretary of State that a charitable organization or professional fund raiser has violated or refused to comply with any provision of this chapter, the Secretary of State may revoke its registration. A charitable organization or professional fund raiser whose registration has been revoked shall no longer be authorized to solicit contributions. (b) Where the Secretary of State has issued a notice of revocation under subsection (a) of this Code section, the Secretary of State shall promptly send to the charitable organization or fund raiser a notice of opportunity for hearing. Hearings shall be conducted in accordance with this chapter and Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (c) A charitable organization or professional fund raiser whose registration has been revoked under subsection (a) of this Code section may have such registration reinstated upon complying with such provisions as the Secretary of State may require by rule and regulation. (d) The Secretary of State shall notify the administrator of any registration revocation or reinstatement under this Code section. Section 7. Said chapter is further amended by striking in its entirety Code Section 43-17-12, relating to designation

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of Secretary of State as agent for service of process, and inserting in lieu thereof a new Code Section 43-17-12 to read as follows: 43-17-12. (a) Any charitable organization or professional fund raiser residing in this state or having his or its principal place of business outside this state or organized under and by virtue of the laws of another state who or which shall solicit contributions from people in this state shall be deemed irrevocably to have appointed the Secretary of State as his or its agent, upon whom may be served any process directed to such charitable organization or professional fund raiser, or any partner, principal, officer or director thereof, in any action or proceeding brought by the Secretary of State or the administrator under this chapter. (b) Any such charitable organization or professional fund raiser may file with the Secretary of State a designation, in terms complying with this chapter, duly acknowledged, irrevocably appointing the Secretary of State as his or its agent, upon whom may be served any such process. Service of such process upon the Secretary of State shall be made by personally delivering to and leaving with him or a person designated by him a copy thereof at his office, and such service shall be sufficient service, provided that notice of such service and a copy of such process are forthwith sent by the Secretary of State to such charitable organization or professional fund raiser by registered or certified mail, with return receipt requested, at his or its office, as set forth in the registration form required to be filed with the Secretary of State pursuant to Code Sections 43-17-2 and 43-17-4 or, in default of the filing of such form, at the last address known to the Secretary of State. Service of such process shall be complete ten days after the receipt by the Secretary of State of a return receipt that was properly addressed or, if acceptance was refused by the addressee or his or its agent, ten days after the return to the Secretary of State of the original envelope bearing a notation by the postal authorities that receipt thereof was refused. Section 8. Said chapter is further amended by striking in its entirety Code Section 43-17-13, relating to investigations,

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and inserting in lieu thereof a new Code Section 43-17-13 to read as follows: 43-17-13. (a) When it reasonably appears to the Secretary of State that a charitable organization or professional fund raiser has engaged in, is engaging in, or is about to engage in any act or practice in violation of this chapter, he may conduct an investigation to determine whether further action is appropriate. (b) The Secretary of State, in enforcing this chapter, may: (1) Make such public or private investigations inside or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule or regulation under this chapter or to aid in the enforcement of this chapter; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish information concerning any violation of this chapter or any rule or regulation under this chapter. (c) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to conduct hearings, to administer oaths, to call any party to testify under oath, to require the attendance of witnesses, and to require the production of books, records, and papers; and, for such purposes, the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. (d) Whenever the administrator is conducting an investigation pursuant to the `Fair Business Practices Act of 1975,' he may request and shall receive from the Secretary of State copies of any and all registrations, reports, or materials obtained

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as the result of any investigation, public or private, made under or pursuant to this chapter. Section 9. Said chapter is further amended by striking in its entirety Code Section 43-17-14, relating to equitable relief, and inserting in lieu thereof a new Code Section 43-17-14 to read as follows: 43-17-14. (a) The Secretary of State may bring an action to restrain or enjoin any act, practice, or activity being engaged in which violates this chapter. The action may be brought in the superior court having jurisdiction over the defendant by virtue of any law of this state. (b) In any action brought under subsection (a) of this Code section, the court, upon application of the state, may appoint a receiver for the assets of the defendant where it has been established: (1) That the defendant has engaged in a pattern of willful violations of this chapter which has resulted in substantial actual damage to citizens of this state; (2) That the defendant is outside this state or is actually removing or about to remove himself or his property outside the limits of this state or conceals himself or his property; or (3) That the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the state damaged by the defendant's violations of this chapter. (c) When a receiver is appointed by the court pursuant to this chapter, he shall have the power to bring an action for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by any means in violation of this chapter, including property with which such property has been mingled. He shall have the power to sell, convey, and assign the same

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and to hold and dispose of the proceeds thereof under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. Section 10. Said chapter is further amended by adding between Code Sections 43-17-14 and 43-17-15 a new Code Section 43-17-14.1 to read as follows: 43-17-14.1. (a) The administration of the provisions of this chapter shall be vested in the Secretary of State, who may delegate to a division director of his office such powers and duties under this chapter as the Secretary of State may deem appropriate. (b) The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter necessary for the administration and enforcement of this chapter. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 11. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-17-15, relating to private actions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section 9-11-23 for the recovery of damages. Section 12. Said chapter is further amended by striking in its entirety paragraph (6) of subsection (a) of Code Section 43-17-18, relating to exceptions as to operation of chapter, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Any charitable organization whose total income is less than $15,000.00 each calendar year; provided, however, that each charitable organization which is exempted under this paragraph shall file an affidavit with the Secretary of State each calendar year. Such affidavit shall state that such

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charitable organization has received less than $15,000.00 in total income during the preceding calendar year; or. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. AD VALOREM TAXESPUBLIC UTILITIES AND AIRLINES; MONETARY PENALTIES FOR FAILURE TO FILE A TIMELY TAX RETURN; NOTICE AND DEMAND. Code Sections 48-5-513 and 48-5-541 Amended. Code Section 48-5-522 Repealed. No. 683 (House Bill No. 610). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return; to eliminate the requirement that the state revenue commissioner give notice and make demand to a public utility company which fails to file a timely return; to provide a monetary penalty against an airline company which fails to file a timely return of its flight equipment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended by striking Code Section 48-5-513, relating to failure of public utilities to file returns, and inserting in its place a new Code section to read as follows:

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48-5-513. (a) If a public utility fails to make the return required by Code Section 48-5-511 by the date specified in that Code section, or as extended by the commissioner pursuant to Code Section 48-2-36, the utility shall pay a penalty of 10 percent of the amount of the taxes for which it may be liable by reason of the return. The penalty imposed by this subsection shall be payable to the state, any county, or any municipality to which the taxes upon which the penalty is based are payable. (b) In addition to the penalty provided by subsection (a) of this Code section, the penalty for failure of a corporation to make a return by the date the return is due or to pay a tax as provided in subsection (a) of Code Section 48-5-512, in the case of a domestic corporation, shall be the forfeiture of its charter and, in the case of a foreign corporation, shall be the revocation of its permit to do business in this state. Section 2. Said chapter is further amended by repealing in its entirety Code Section 48-5-522 which reads as follows: 48-5-522. If the chief executive officer or, if the chief executive officer is deceased, his personal representative refuses or fails to make returns of property which should have been returned to the commissioner as provided in this article, the commissioner shall notify in writing the chief executive officer or his personal representative of his delinquency and shall demand that a return of the property be made within 20 days., and inserting in place thereof the following: 48-5-522. Reserved. Section 3. Said chapter is further amended by striking Code Section 48-5-541, relating to returns by airline companies of their flight equipment, and inserting in its place a new Code section to read as follows: 48-5-541. (a) Each airline company operating in this state shall make an annual property tax return of its flight equipment to the commissioner on or before March 1 in each year for the preceding calendar year. Each type and model

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of flight equipment shall be separately returned, valued, and apportioned as provided in this article. (b) If an airline company fails to make the return required by subsection (a) of this Code section by the date specified in that subsection, or as extended by the commissioner pursuant to Code Section 48-2-36, the airline company shall pay a penalty of 10 percent of the amount of the taxes for which it may be liable by reason of the return. The penalty imposed by this subsection shall be payable to the state, any county, or any municipality to which the taxes upon which the penalty is based are payable. Section 4. This Act shall become effective on January 1, 1988. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. GUARDIAN AND WARDJUDGES OF THE PROBATE COURTS AS CUSTODIANS OF FUNDS OF MINORS AND INCAPACITATED ADULTS; AMOUNT; DISCRETION; BONDS OF JUDGES; UNCLAIMED FUNDS. Code Title 29, Chapter 8 Revised. No. 684 (House Bill No. 624). AN ACT To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limitation on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardianships

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may be established in certain cases; to provide for increases in the amount of bond of the judge; to provide for the disposition of unclaimed funds; to provide alternatives to the custodianship of the judge; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking in its entirety Chapter 8, relating to the judge of the probate court as custodian of certain funds, and inserting in its place a new Chapter 8 to read as follows: CHAPTER 8 29-8-1. (a) The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys due and owing to any minor or incapacitated adult who has no legal and qualified guardian of the property; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order, the judge is authorized to take charge of the money or funds for the minor or incapacitated adult by virtue of his office as judge of the probate court in the county of the residence of the minor or incapacitated adult. The certificate of the judge that no legally qualified guardian of the property has been appointed shall be conclusive and shall be sufficient authority to justify any debtor or debtors in making payment of moneys due as aforesaid, claims therefor having been made by the judge. (b) The judges, in their discretion, shall also be the depositories for and custodians of all moneys of any heir of any estate who cannot be located by the executor or administrator so that the moneys may be distributed to the heir. Any executor or administrator shall be authorized to pay over to the judge any such moneys; and the judge shall be authorized to take charge thereof as provided for in this subsection.

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29-8-2. The judge of the probate court is authorized, in his discretion, to employ counsel to bring an action to recover any amount due a minor or incapacitated adult described in Code Section 29-8-1, in the minor or incapacitated adult's name or in the name of the judge as guardian, in any court having jurisdiction thereof. The judge of the probate court shall have authority to pay to counsel a reasonable fee for his services in the proceeding, which were necessary to enforce the right of the minor or incapacitated adult, out of the funds collected. 29-8-3. It shall be the duty of the judge of the probate court to keep a properly indexed complete record of all money received by him for minors or incapacitated adults by virtue of his services under Code Section 29-8-1. The record shall show from what source the funds were derived and to whom and for what the money was paid. The record shall be open for inspection by the public at all times, as are other records in the office of the judge. 29-8-4. The judge of the probate court who, pursuant to Code Section 29-8-1, receives funds due and owing a minor or incapacitated adult is authorized and directed to pay out the funds so received by him, or whatever amount he may think necessary, for the support, education, and maintenance of the minor or incapacitated adult, as well as the funeral and burial expenses of the minor or incapacitated adult, in case of the person's death, as in his judgment may be proper and right. The expenditures made by the judge shall be final and no liability shall attach to the judge or his bondsmen by reason of such expenditures when properly made. 29-8-4.1. The judge of the probate court may order that a guardianship be established in cases in which encroachments of the property or funds received are necessary or in other appropriate cases and may distribute any or all of such property or funds to such guardian. The guardian so appointed shall be subject to all pertinent requirements of this title. 29-8-5. When any funds due and owing a minor or an incapacitated adult come into the hands of the judge of the probate court and the funds are not needed for the support, education, and maintenance of the minor or incapacitated

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adult, it shall be the duty of the judge to place the funds in the savings department of some good and solvent bank at the current rate of interest allowed on savings deposits. There shall be no further liability against the judge or his bondsmen when the deposit is made in good faith. 29-8-6. The judges of the probate courts shall receive, as compensation for their services under Code Section 29-8-1, 5 percent on the amount handled. 29-8-7. (a) Judges of the probate courts shall be held accountable on their official bonds for the faithful discharge of their duties pursuant to Code Section 29-8-1 as guardians and for the proper distribution of funds coming into their hands as such guardians, provided that no single custodial account exceeds $2,500.00. If any single custodial account exceeds $2,500.00, the judge shall increase the judge's official bond or surety required by Code Section 15-9-7 by $75,000.00. (b) Subject to subsection (a) of this Code section, the judge shall be authorized to increase the amount of his official bond or surety to correspond to the amounts for which he is custodian under this chapter. The payment of any such increase shall be the responsibility of the county governing authority. 29-8-8. The judge may turn over property to the Department of Revenue 15 years after: (1) Receipt by the judge of property pursuant to this chapter, if held for a missing heir; (2) An incapacitated adult dies, if no proceedings are commenced concerning such person's estate; or (3) A minor would have reached the age of majority. 29-8-9. Notwithstanding contrary provisions of this chapter, in any case in which the amount of funds to be received and collected by the probate judge exceeds $2,500.00, upon request of the next of kin or the guardian of the person of the minor or incapacitated adult, the funds shall be placed

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in a guardianship account or similar fiduciary arrangement authorized by law. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. BAD CHECKSPRESENT CONSIDERATION; ADDITIONAL CREDIT; WAIVER OF LIEN RIGHTS. Code Section 16-9-20 Amended. No. 685 (House Bill No. 649). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, so as to include a contemporaneous agreement for the extension of additional credit where additional credit is being denied and a written waiver of lien rights as present consideration; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, is amended by striking in its entirety paragraph (2) of subsection (f) of said Code section and inserting in its place a new paragraph (2) to read as follows: (2) `Present consideration' shall include without limitation:

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(A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due; (C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment; (D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and (E) A written waiver of mechanic's or materialmen's lien rights. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. SECURITIES CRIMINAL OR CIVIL PROCEEDINGS; APPLICABILITY OF SECURITIES LAWS IN EFFECT ON THE DATE OF COMMISSION OF A CRIME OR VIOLATION. Code Section 10-5-23 Amended. No. 686 (House Bill No. 663). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for the applicability of certain securities laws to criminal or civil proceedings;

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to provide for exceptions as declared by the General Assembly; to provide for limitations of actions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking in its entirety Code Section 10-5-23, relating to savings provisions as to prior securities laws, which reads as follows: 10-5-23. (a) Prior law exclusively governs all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before April 1, 1974, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and in any event within two years after April 1, 1974. (b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this chapter had not been passed. They are considered to have been filed, entered, or imposed under this chapter but are governed by prior law. (c) Judicial review of all administrative orders as to which review proceedings have not been instituted by April 1, 1974, are governed by Code Section 10-5-17, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and in any event within 60 days after April 1, 1974., and inserting in its place a new Code Section 10-5-23 to read as follows: 10-5-23. Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed

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by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitutes evidence of the commission of a crime or violation of this chapter, notwithstanding any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be instituted after the lapse of the appropriate period of limitation which was in effect at the time the cause of action arose or the alleged commission of the crime occurred. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1987. TORTS IMMUNITY FROM LIABILITY; MEMBERS, DIRECTORS, TRUSTEES, AND OFFICERS OF NONPROFIT HOSPITALS OR ASSOCIATIONS, NONPROFIT, CHARITABLE, OR ELEEMOSYNARY INSTITUTIONS OR ORGANIZATIONS, OR LOCAL GOVERNMENTAL ENTITLES; HEALTH CARE PROVIDERS. Code Section 51-1-20 Amended. Code Section 51-1-29.1 Enacted. No. 687 (Senate Bill No. 113). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide to certain members, directors, trustees, and officers of nonprofit hospitals or associations, nonprofit, charitable, or eleemosynary institutions or organizations, or local governmental entities immunity from civil liability under certain conditions; to provide for definitions; to provide for applicability; to provide such immunity to be supplemental; to provide for related matters; to provide immunity

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from civil liability to certain health care providers or other entities providing professional services without compensation or the expectation thereof; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in generals, is amended by striking in its entirety Code Section 51-1-20, relating to the liability of directors and officers of public, charitable, or nonprofit hospitals, institutions, or organizations, and inserting in its place a new Code Section 51-1-20 to read as follows: 51-1-20. (a) A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmental agency, board, authority, or entity shall be immune from civil liability for any act or any omission to act arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person. (b) As used in this Code section, the term `compensation' shall not include reimbursement for reasonable expenses related to said services. (c) This Code section shall not affect any immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immunity provided by this Code section. The immunity provided by this Code section shall be supplemental to any such existing immunity. Section 2. Said chapter is further amended by inserting immediately following Code Section 51-1-29 a new Code section, to be designated Code Section 51-1-29.1, to read as follows:

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51-1-29.1. (a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct: (1) No health care provider licensed under Chapter 11, 26, 30, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a person at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or (2) No licensed hospital, public school, or nonprofit organization which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services. (b) This Code section shall apply only to causes of action arising on or after July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1987.

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FIRE PROTECTION AND SAFETY SMOKE DETECTORS; REQUIRED IN CERTAIN DWELLING UNITS AND BUILDINGS; STANDARDS. Code Section 25-2-40 Enacted. No. 688 (Senate Bill No. 10). AN ACT To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require placement of smoke detectors in new dwelling units; to provide requirements relative to placement of smoke detectors; to provide for minimum standards for such detectors; to provide requirements for installation; to provide exceptions; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by adding at the end of said chapter a new Code Section 25-2-40 to read as follows: 25-2-40. (a) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer's recommendations and listing. (b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics.

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(c) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas. (d) Detectors shall be listed and meet the installation requirements of NFiPA 74 and NFiPA 72A. (e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFiPA 72E. (f) The provisions of this Code section shall not apply in counties and municipalities which have not adopted building codes. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. STATE PERSONNEL BOARD EMPLOYEE ASSISTANCE PROGRAM; CONFIDENTIALITY OF RECORDS OR ACTIVITIES. Code Sections 45-20-70 and 45-20-71 Enacted. No. 689 (Senate Bill No. 14). AN ACT To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize

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the State Personnel Board in its discretion to establish an employee assistance program for employees of departments covered under the state merit system; to authorize the department to adopt and promulgate rules and regulations; to define the term employee assistance program or program; to provide for the confidentiality of certain records or activities; to provide for the production of confidential records under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new Article 4 at the end thereof to read as follows: ARTICLE 4 45-20-70.(a) The State Personnel Board is authorized in its discretion to establish an employee assistance program for employees of departments covered under the state merit system and to adopt and promulgate rules and regulations for its administration. (b) As used in this article, the term `employee assistance program' or `program' means a service established to assist state employees in coping with and overcoming persistent problems that jeopardize the employee's effective job performance. 45-20-71. Program related records or activities which might disclose the nature of the services provided an employee or the identity of an employee utilizing the program shall be maintained on a confidential basis. Such records shall be produced only when the commissioner of personnel administration or his designee is satisfied it is needed to respond to a life-threatening or medical emergency or when written release is given by an employee.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. ADOPTIONS MOTHER'S AFFIDAVIT REGARDING PUTATIVE FATHER; ADOPTION BY HUSBAND OF MOTHER; STEPPARENT ADOPTIONS. Code Section 19-8-4 Amended. No. 690 (Senate Bill No. 43). AN ACT To amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the putative father is not required in connection with her consent to her child's adoption by her husband; to provide that such an affidavit is not required in the case of certain stepparent adoptions; 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 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, is amended by striking that undesignated portion of paragraph (5) of subsection (c) which immediately precedes subparagraph (A) and which reads as follows: (5) Whenever the biological mother surrenders her parental rights or consents to her child's adoption by her husband, she shall execute an affidavit setting forth:, and inserting in place thereof the following:

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(5) Whenever the biological mother surrenders her parental rights, she shall execute an affidavit regarding the putative father, except that such affidavit shall not be required when the mother surrenders to the present spouse of her former husband her parental rights to a child born in wedlock to herself and such former husband who is the legal and biological father of her child. Such an affidavit shall set forth:. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. PUBLIC OFFICERS AND EMPLOYEES LIABILITY INSURANCE AND INDEMNIFICATION; PROCEEDINGS BEFORE PROFESSIONAL LICENSING BOARDS, DISCIPLINARY BOARDS, AND SIMILAR BODIES; IMMUNITY OF LAW ENFORCEMENT OFFICERS ESCORTING FUNERAL PROCESSIONS; DESIGNATION OF COUNSEL. Code Sections 45-9-1 and 45-15-70 Amended. Code Section 45-9-3.1 Enacted. No. 691 (Senate Bill No. 47). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which officers, officials, and employees may be covered; to provide for coverage with respect

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to legal fees and expenses incurred in proceedings before professional licensing boards, disciplinary boards and commissions, and other similar bodies; to provide that law enforcement officers directing or escorting funeral processions shall enjoy the same immunities from liability as such officers possess in the performance of other official duties; to change provisions relating to designation by the Governor of counsel for certain officers, officials, boards, and bureaus; to provide for counsel in proceedings before professional licensing boards, disciplinary boards and commissions, and other similar bodies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking Code Section 45-9-1, relating to insurance for and indemnification of public officers, officials, and employees, and inserting in its place a new Code Section 45-9-1 to read as follows: 45-9-1. (a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the state for reasonable legal fees and other expenses incurred in the successful defense of a criminal action arising out of the performance of his official duties. In addition, in the case of an officer, official, or employee who is required to maintain a professional license,

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such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General. (b) Such agencies, boards, bureaus, commissions, departments, or authorities may expend federal and state or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department, or authority. (c) For the purpose of this article, the term `agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of county departments of health and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. (d) The existence of such insurance or indemnification shall not be disclosed or suggested in any action brought against such individual. Section 2. Said title is further amended by inserting immediately following Code Section 45-9-3 a new Code section, to be designated Code Section 45-9-3.1, to read as follows: 45-9-3.1. Any law enforcement officer who is directing or escorting a funeral procession in this state, whether such service is provided while on duty or not, shall enjoy the same immunities from liability as the officer possesses while in the performance of other official duties. Section 3. Said title is further amended by striking Code Section 45-15-70, relating to provision of counsel for public officers and agencies, and inserting in its place a new Code Section 45-15-70 to read as follows:

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45-15-70. (a) When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a public officer, public official, a state board or bureau, or against any member of such board or bureau and which action or proceeding seeks relief against such officer, official, board, or bureau in the administration of his or its duties, and when the state compensates or appropriates or allocates moneys to such officer, official, board, or bureau which is used in the administration of his or its duties, and this shall include county registrars, and when no regular counsel is provided within a reasonable time for such officer, official, board, bureau, or county registrar by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such officer, official, board, or bureau, or any member of such board or bureau, or county registrar. (b) Whenever the Governor designates counsel in any action specified in subsection (a) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs may be paid by the state. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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ELECTIONS UNOPPOSED CANDIDATES; NO ELECTION TO BE HELD; EXCEPTIONS; WRITE-IN CANDIDATES. Code Sections 21-2-291, 21-2-498, and 21-2-499 Amended. No. 692 (Senate Bill No. 71). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held unless a write-in candidate has qualified or unless there are issues to be submitted to the electorate; to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or published; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-291, relating to procedures regarding unopposed candidates, and inserting in its place a new Code Section 21-2-291 to read as follows: 21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a writein candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493.

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Section 2. Said title is further amended by adding at the end of Code Section 21-2-498, relating to the Constitutional Officers Election Board, a new subsection (c) to read as follows: (c) The Constitutional Officers Election Board shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133. Section 3. Said title is further amended by striking in its entirety Code Section 21-2-499, relating to the tabulation of returns by the Secretary of State, and inserting in lieu thereof a new Code Section 21-2-499 to read as follows: 21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (B) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. (b) The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133. 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 repealed. Approved April 14, 1987.

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NUISANCES PUBLICLY OWNED CULTURAL FACILITIES; CHANGED CONDITIONS; LEASED FACILITIES. Code Section 41-1-8 Enacted. No. 693 (Senate Bill No. 101). AN ACT To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such cultural facility, if such cultural facility has been in use for one year or more; to make the same provisions for leased facilities and the appurtenances and operation of facilities; to state legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, is amended by adding at the end thereof a new Code Section 41-1-8 to read as follows: 41-1-8. (a) It is declared the public policy of this state to conserve, protect, and encourage the development of publicly owned cultural facilities. In order to encourage the establishment and maintenance of publicly owned cultural facilities, it is the purpose of this Code section to limit the circumstances under which a publicly owned cultural facility may be deemed to be a nuisance. (b) Neither a publicly owned cultural facility, nor a facility operated on lease from a publicly owned cultural facility, nor any of the appurtenances thereof, nor the operation thereof, shall be or become a nuisance, either public or private, solely as a result of changed conditions in or around

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the locality of such cultural facility if such cultural facility has been in operation for one year or more. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. JUVENILES REPORTS OF CHILD CONTROLLED SUBSTANCE OR MARIJUANA USE TO PARENTS AND CHILD WELFARE AGENCIES; IMMUNITY; REPORTS; CONFIDENTIALITY; EXCEPTIONS; JUVENILE COURT ORDERS. Code Sections 19-7-6, 49-5-41.1, and 49-5-45 Enacted. Code Section 49-5-40 Amended. No. 694 (Senate Bill No. 121). AN ACT To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to provide purposes and construction; to provide for the reporting of actual or suspected juvenile drug use; to prohibit certain disciplinary rules or penalties; to provide for immunities and exemptions; to provide reporting procedures; to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide for the confidentiality of reports of child controlled substance or marijuana abuse; to provide for permitted access and use of such reports; to provide for the sealing of records; to provide penalties for the provision of unpermitted access to records; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, is amended by adding at the end thereof a new Code Section 19-7-6 to read as follows: 19-7-6. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the unlawful use and abuse of controlled substances or marijuana. The General Assembly recognizes the need for early intervention, counseling, and treatment as an effective means of addressing the problem of child controlled substance and marijuana abuse. It is intended that the reporting of the unlawful use of any controlled substance or marijuana will cause the protective services of the state to be brought to bear on this situation in an effort to protect and enhance the welfare of children. This Code section shall be liberally construed so as to carry out the purposes thereof. (b) Any person exercising in loco parentis control over a child under the age of 18 years who has reasonable cause to believe that the child is habitually using in an unlawful manner any controlled substance or marijuana, as defined in Code Section 16-13-21, is encouraged to report such information to the child's parents and a child welfare agency providing protective services, as designated by the Department of Human Resources. (c) When the attendance of the person exercising in loco parentis control over a child is pursuant to the performance of services as a member of the staff of any school, social agency, or similar facility, the reporting person shall notify the person in charge of the facility or his designated delegate; and such person or his delegate shall report or cause reports to be made in accordance with this Code section. (d) An oral report shall be made as soon as possible by telephone or otherwise and shall be followed by a report in writing, if requested, to the child welfare agency providing protective services, as designated by the Department of Human

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Resources. Such report shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, and the nature and extent of the child's controlled substance or marijuana abuse history, if known. (e) No agency or political subdivision of this state shall enact or enforce any disciplinary rule or penalty against an employee of the state or of any political subdivision of the state for failure to make any report referred to in subsection (b), (c), or (d) of this Code section. (f) Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services pursuant to this Code section or any other law or participating in any judicial proceeding or any other proceeding resulting therefrom shall, in doing so, be immune from any civil or criminal liability that might otherwise be incurred or imposed if such participation, pursuant to this Code section or any other law, is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection. (g) Any person or official required to report under this Code section shall be exempt from reporting any information received from the child during a counseling or treatment program. (h) The child welfare agency providing protective services, as designated by the Department of Human Resources, shall forward a copy of all reports wherein the reporting person or official has actual knowledge that a child under the age of 18 has unlawfully consumed or otherwise used any controlled substance or marijuana to the juvenile court. As used in this subsection, the term `juvenile court' means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made. Section 2. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, is amended by striking in its entirety Code

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Section 49-5-40, relating to what records are confidential or restricted, and inserting in lieu thereof a new Code Section 49-5-40 to read as follows: 49-5-40. Each and every record concerning reports of child abuse and neglect and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohibited except as provided in Code Section 49-5-41 and Code Section 49-5-41.1. Section 3. Said article is further amended by inserting immediately following Code Section 49-5-41 a new Code section, to be designated Code Section 49-5-41.1, to read as follows: 49-5-41.1. (a) Notwithstanding Code Section 49-5-40, all reports, files, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, the term `juvenile court' means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made. (b) The juvenile court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Human Resources and the Council of Juvenile Court Judges to inspect and extract data from child controlled substance and marijuana abuse records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. (c) In no case shall records of child controlled substance or marijuana abuse be retained by the Department of Human Resources beyond the 24 months from the date a report is first received pursuant to Code Section 19-7-6 by a child welfare agency providing protective services. (d) On application of a person who is the subject of a child controlled substance or marijuana abuse report, and

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after a hearing, the juvenile court may order the sealing of such reports, files, and records of the Department of Human Resources. Upon entry of the order, the Department of Human Resources shall treat the report and related information as if the report had never index references shall be deleted and the person, the court, and the Department of Human Resources shall properly reply that no record exists with respect to the person upon inquiry in any matter. Inspection of the sealed files and records thereafter may be permitted by an order of the juvenile court upon petition by the person who is the subject of the records and only by those persons named in the order. Section 4. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 49-5-45, to read as follows: 49-5-45. Any person who authorizes or permits any person or agency not authorized by the juvenile court pursuant to Code Section 49-5-41.1 to have access to such records concerning reports of child controlled substance or marijuana abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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STATE EMPLOYEES HEALTH INSURANCE PLAN EMPLOYEES OF STATE-WIDE PROBATION SYSTEM WHO WERE EMPLOYEES OF A COUNTY PROBATION SYSTEM OF A COUNTY OF 550,000 OR MORE; INSURANCE UPON RETIREMENT. Code Section 45-18-7 Amended. No. 695 (Senate Bill No. 145). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to provide that certain state employees shall be eligible to continue coverage under such health insurance plan upon retirement from a local retirement system by paying a premium set by the State Personnel Board; to provide for the enrollment of spouses and eligible dependents in accordance with the regulations of such board; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, is amended by striking in its entirety Code Section 45-18-7, relating to contracts to provide for health insurance for retiring employees, spouses, and dependents, and inserting in lieu thereof a new Code Section 45-18-7 to read as follows: 45-18-7. (a) The contract or contracts shall provide for health insurance for retiring state employees and their spouses and dependent children, as defined by the regulations of the board, on such terms as the board may deem appropriate; and the board may authorize the inclusion in the plan of the employees and retiring employees of state authorities covered by the Employees' Retirement System of Georgia and their spouses and dependent children, as defined by

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the regulations of the board. Any state authority participating in the plan shall be required to pay the same rate of contribution paid by the state. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. (b) Employees of the state-wide probation system administered by the Department of Corrections who were employees of a county probation system of a county having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and who were members of a local retirement system and had ten or more years of creditable service under the local retirement system at the time the county probation system became a part of the state-wide probation system shall be eligible to continue coverage under the health insurance plan for the state employees upon retirement from a local retirement system by paying a premium set by the board. Such retired persons shall be eligible to enroll their spouses and eligible dependents in accordance with the regulations of the board. Such retirees shall be treated in the same manner as other retirees eligible to continue coverage under the Employees' Retirement System of Georgia. The board may promulgate and adopt rules and regulations governing continuance and discontinuance of coverage for such retired persons and their spouses and eligible dependents. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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DEPARTMENT OF LABOR OFFICES; RENTAL OR LEASE; FUNDS. Code Section 34-2-5 Amended. No. 696 (Senate Bill No. 190). AN ACT To amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to provide that in connection with the maintenance of the office of the Department of Labor, the Commissioner with the approval of the State Properties Commission is authorized and empowered to lease or rent and to negotiate, execute, and administer any necessary lease or rental agreement for office or other space in the custody of, but not occupied by, the Department of Labor; to provide that the Commissioner may use the Department of Administrative Services as his agent in such transactions; to provide for the disposition of funds derived from lease, rental, or similar payments by tenants, occupants, or users of such office or other space; to provide that such funds shall not be considered taxes, fees, or assessments within the meaning of a certain provision of the Constitution; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, is amended by striking in its entirety Code Section 34-2-5, relating to the office of the Department of Labor which is to be maintained by the Commissioner of Labor, and inserting in lieu thereof a new Code Section 34-2-5 to read as follows: 34-2-5. (a) The Commissioner of Labor shall keep and maintain the office of the Department of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture, stationery, books, periodicals, maps, instruments, and other necessary supplies, the expense thereof to be paid by the state in the same manner

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as other similar expenses are paid. In connection with the maintenance of the office of the Department of Labor, the Commissioner with the approval of the State Properties Commission is authorized and empowered to lease or rent and to negotiate, execute, and administer any necessary lease or rental agreement for office or other space in the custody of, but not occupied by, the Department of Labor and is further authorized to utilize the Department of Administrative Services as his agent in carrying out the provisions of this subsection. (b) Notwithstanding any other provisions of law, the Commissioner is authorized to retain all funds derived from lease, rental, or similar payments received from tenants, occupants, or other users of office or other space for the sole purpose of maintenance of such office or other space. Such funds shall not be considered taxes, fees, or assessments within the meaning of Article VII, Section III, Paragraph II(a) of the Constitution of the State of Georgia, provided that nothing in this subsection shall be construed so as to allow the Commissioner to retain any funds required by the Constitution of Georgia to be paid into the state treasury. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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MAGISTRATE COURTS APPEALS FROM JUDGMENTS TO SUPERIOR COURTS OR STATE COURTS. Code Section 15-10-41 Amended. No. 697 (Senate Bill No. 200). AN ACT To amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trial of civil actions in magistrate court and appeal from judgments returned in magistrate court, so as to change provisions relating to appeals from judgments of magistrate courts; to provide that the provisions of Article 2 of Chapter 3 of Title 5, relating to procedure for appeals to superior court, shall apply to appeals from the magistrate court to superior court and also to appeals from the magistrate court to state court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trial of civil actions in magistrate court and appeal from judgments returned in magistrate court, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) (1) Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Article 2 of Chapter 3 of Title 5 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. The provisions of said Article 2 of Chapter 3 of Title 5 shall also apply to appeals to state court. (2) No appeal shall lie from a default judgment entered in the magistrate court, provided that the defaulting party may, upon payment of costs, reopen the case in

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the magistrate court at any time prior to the expiration of 15 days following the day of default. Any case so reopened shall stand immediately ready for trial. In the event that a default is not opened within the requisite period of time, review shall be by certiorari to the state court of the county or to the superior court of the county. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. CRIMES AND OFFENSES BATTERY; DEFINITION; PUNISHMENT; MINIMUM SENTENCES. Code Section 16-5-23.1 Enacted. No. 698 (Senate Bill No. 203). AN ACT To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to define the offense of battery; to provide for punishment; to provide for minimum sentences; to provide that certain sentences may, in the discretion of the judge, be served during the defendant's nonworking hours; to provide for calculation of such time served; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by inserting a new Code Section 16-5-23.1 following Code Section 16-5-23, relating to simple battery, and preceding Code Section 16-5-24, relating to aggravated battery, to read as follows:

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16-5-23.1. (a) A person commits the offense of battery when he intentionally causes substantial physical harm or visible bodily harm to another. (b) As used in this Code section, the term `visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections (d) and (e) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to: (1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. JUVENILE COURTS DESIGNATED FELONY ACT REDEFINED. Code Section 15-11-37 Amended. No. 699 (Senate Bill No. 215). AN ACT To amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to disposition by juvenile courts of juveniles committing designated felony acts, so as to redefine the term designated felony act; to provide that a juvenile commits a designated felony act when he commits any act which, if done by an adult, would be a felony if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to disposition by juvenile courts of juveniles committing designated felony acts, is amended by striking the word or at the end of subparagraph (C) of paragraph (2) of subsection (a), by replacing the period at the end of subparagraph (D) of paragraph (2) of subsection (a) with the symbol and word ; or, and by adding at the end of paragraph (2) of subsection (a) a new subparagraph (E) to describe matter within the definition of the term designated felony act and to read as follows:

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(E) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. ABORTION PARENTAL NOTIFICATION ACT ENACTED; NOTICES RELATIVE TO AN UNEMANCIPATED MINOR'S DECISION TO SEEK AN ABORTION; JUVENILE COURT JURISDICTION; AFFIDAVITS; MEDICAL EMERGENCIES; IMMUNITY. Code Section 15-11-5 Amended. Code Sections 15-11-110 through 15-11-118 Enacted. No. 700 (Senate Bill No. 229). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions; to provide for certain affidavits from a parent or guardian accompanying a minor seeking an abortion; to provide for affidavits from an unemancipated minor and accompanying adult relative to parental notification of an unemancipated minor's decision to seek an abortion; to provide for notice to persons standing in loco parentis; to provide requirements of such affidavits; to provide for the signing of consent forms; to provide procedures for obtaining a waiver from the juvenile court of the requirement for prior parental notification; to provide

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for venue; to provide for notice to the unemancipated minor or next friend; to provide for waiver of notice under certain conditions; to provide for appellate review; to provide for applicability; to provide for exceptions based upon medical emergency; to provide that the physician performing the abortion as a medical emergency shall certify in writing the medical indications on which he based his judgment; to provide for civil and criminal immunities; to provide for penalties; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking or immediately following subparagraph (a)(2)(B) of Code Section 15-11-5, relating to jurisdiction of the juvenile court, by striking the period and inserting in its place ;or immediately following subparagraph (a)(2)(C), and by adding at the end of paragraph (2) of subsection (a) a new subparagraph, to be designated subparagraph (a)(2)(D), to read as follows: (D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion. Section 2. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 3, to read as follows: ARTICLE 3 15-11-110. This article shall be known and may be cited as the `Parental Notification Act.' 15-11-111. As used in this article, the term: (1) `Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. (2) `Unemancipated minor' means any person under the age of 18 who is not or has not been married or

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who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction. 15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless: (1) (A) The minor seeking an abortion is accompanied by a parent or guardian and such parent or guardian shall furnish an affidavit signed by such parent or guardian and such minor attesting that such parent or guardian is the lawful parent or guardian of such minor; or (B) Both the minor seeking an abortion and an accompanying adult furnish the physician or other person intending to perform an abortion upon such minor an affidavit signed by both such minor and accompanying adult to the effect that a parent or, if the minor is subject to guardianship, the legal guardian of such minor has been notified of the intent of the minor to seek an abortion; or (C) The minor, if the minor has no parent or legal guardian, and an accompanying adult furnish the physician with an affidavit signed by both the minor and the accompanying adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been notified of the intent of the minor to seek an abortion; and (2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor elects not to comply with the notification requirement of subparagraph (a)(1)(B) or (a)(1)(C) of this Code section or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, the juvenile court in the county in which the minor resides or in which the abortion is to be performed for a waiver of such requirement pursuant to the

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procedures provided for in Code Section 15-11-114. Venue shall be lawful in either such county, notwithstanding Code Section 15-11-15. 15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. 15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. (c) The notification requirement of subparagraph (a)(1)(B) or (a)(1)(c) of Code Section 15-11-112 shall be waived if the court finds either: (1) That the unemancipated minor is mature and well-informed enough to make intelligently the abortion decision on her own; or (2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and

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legal conclusions supporting its decision and shall order that a record of the evidence be maintained. Such record shall preserve the anonymity of the parties. (e) An expedited appeal preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section. 15-11-115. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state. 15-11-116. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law. 15-11-117. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any accompanying adult purporting to give an affidavit required under this article, including but not limited to, his or her identity, age, marital status, emancipation, and relationship to any person for whom an affidavit is purportedly given. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the affidavit required and furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.

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15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. EDUCATION TEACHER TENURE; CONTRACT REVIEW PERIOD; CONSOLIDATION OR MERGER OF SCHOOL SYSTEMS; RIGHTS. Code Section 20-2-942 Amended. No. 701 (Senate Bill No. 231). AN ACT To amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a ten-day period for teachers to review contracts; to provide that professional certificated personnel employed by a school system which consolidates or merges with another school system shall continue in his or her current employment and shall retain other rights under the new system; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for

Page 1019

nonrenewal of contract or demotion by another local board of education, is amended by adding two new paragraphs (6) and (7) at the end of subsection (b) of said Code section to read as follows: (6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period. (7) (A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph. (B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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UNIVERSITY SYSTEM OF GEORGIA LEASE OF LABORATORY AND RESEARCH FACILITIES TO PRIVATE BUSINESSES FOR SMALL BUSINESS AND ECONOMIC DEVELOPMENT. Code Section 20-3-60 Amended. No. 702 (Senate Bill No. 267). AN ACT To amend Code Section 20-3-60 of the Official Code of Georgia Annotated, relating to when the properties of the University System of Georgia may be sold, leased, or disposed of, so as to provide that the Board of Regents of the University System of Georgia is authorized to lease laboratory and research facilities owned by the board to private businesses, companies, and corporations for the purpose of small business and economic development during times when the laboratory and research facilities are not in use; 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 20-3-60 of the Official Code of Georgia Annotated, relating to when the properties of the University System of Georgia may be sold, leased, or disposed of, is amended by designating the existing language of said Code section as subsection (a) and by adding at the end thereof a new subsection, to be designated subsection (b), so that when so amended, Code Section 20-3-60 shall read as follows: 20-3-60. (a) All properties owned or held by the board of regents pursuant to this chapter which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interests of the system, if the board shall first determine that such property can no longer be advantageously used in the system; provided, however, that where any such property has been granted or

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conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance. (b) Nothing in this Code section shall prevent the board of regents from leasing laboratory and research facilities owned by the board of regents to private businesses, companies, and corporations for the purpose of small business and economic development during times when the laboratory and research facilities are not in use. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW SALE OR DISPOSITION OF ANY USEFUL FORM OF ENERGY PRODUCED BY PROJECTS NOT SUBJECT TO THE GEORGIA COGENERATION ACT OF 1979. Code Section 36-63-11 Amended. No. 703 (Senate Bill No. 336). AN ACT To amend Code Section 36-63-11 of the Official Code of Georgia Annotated, relating to the construction of the Resource Recovery Development Authorities Law, so as to provide that the sale or disposition of any useful form of energy produced by

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certain projects shall not be subject to the provisions of The Georgia Cogeneration Act of 1979; 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 36-63-11 of the Official Code of Georgia Annotated, relating to the construction of the Resource Recovery Development Authorities Law, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the `Georgia Securities Law,' or any other law. Any sale or disposition of any useful form of energy produced from a solid waste project financed by revenue bonds issued on or before August 8, 1985, and which is substantially constructed as of January 1, 1987, which sale or disposition is made in the county wherein the project is located shall not be subject to the provisions of Part 3 of Article 1 of Chapter 3 of Title 46, `The Georgia Cogeneration Act of 1979.' In the event that the immediately preceding sentence of this subsection (a) shall for any reason be held invalid the remaining provisions of this subsection and this Code section shall remain in full force and effect. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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PROPERTY SECURITY INTERESTS IN PERSONALTY; FORECLOSURE; EXECUTIONS; WRITS OF POSSESSION; FORMS; PROCEDURE; LIENS CREATED PURSUANT TO THE FEDERAL SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986. Code Sections 44-14-230 through 44-14-234 and 44-14-237 Amended. Code Section 44-14-517 Enacted. No. 704 (Senate Bill No. 366). AN ACT To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change the provisions relating to authority to foreclose and executions relating to security interests in personalty; to change the provisions relating to petitions for and issuance of writs of possession; to change the provisions relating to summonses and answers thereto; to provide for forms; to change the provisions relating to failure to answer and failure to open defaults; to provide for certain orders; to change the provisions relating to trials of the issues and retention of property pending final outcome; to change the provisions relating to payments into court; to change certain references to justices of the peace; to change the provisions regarding posting of bond; to provide for the filing of liens created pursuant to Section 107 of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking subsection (a) of Code Section 44-14-230, relating to authority to foreclose, and inserting in its place a new subsection to read as follows: (a) Any person holding a security interest on personal property under a transaction governed by this part or by

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Title 11, the `Uniform Commercial Code,' and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriffs, the marshals, the constables, or their lawful deputies, of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part, together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon as provided for in subsection (d) of Code Section 44-14-233. Section 2. Said chapter is further amended by striking Code Section 44-14-231, relating to petition for writ of possession, and inserting in its place a new Code section to read as follows: 44-14-231. Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, either in person or by his agent or attorney in fact or at law, for a writ of possession before any judge of the superior court, any magistrate, any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property is located. If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property is located, any oath required by this Code section may be made before a judge of any court of record within this state and forwarded with the petition to the appropriate judge, magistrate, or clerk in the county where the debtor may reside or where the secured property is located. Section 3. Said chapter is further amended by striking Code Section 44-14-232, relating to summons and time for answer, and inserting in its place a new Code section to read as follows: 44-14-232. (a) When the petition provided for in Code Section 44-14-231 is made, the judge, the magistrate, or the

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clerk shall grant and issue a summons as prescribed in this Code section to the sheriff, his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property is located. Service shall be made by the officer by delivering a copy of the summons attached to a copy of the petition to the defendant personally; or, if the officer is unable to serve the defendant personally, service may be had by delivering the summons and the petition to any person sui juris residing on the premises; or, if no such person is found residing on the premises after reasonable effort, service may be had by tacking a copy of the summons and the petition on the door of the premises and, on the same day of the tacking, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in the case. (b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the defendant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. (c) It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest. (d) The form of the summons shall be uniform in every county of this State and is prescribed as follows:

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Section 4. Said chapter is further amended by striking Code Section 44-14-233, relating to answers and opening defaults, and inserting in its place a new Code section to read as follows: 44-14-233. (a) If the defendant fails to answer on or before the date provided in subsection (b) of Code Section 44-14-232, the defendant may reopen the default as a matter of right by making an answer within seven days after the

Page 1027

date of the default notwithstanding the provisions of Code Section 9-11-55. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. (b) If the defendant fails to answer or open the default, the court shall grant a writ of possession and, if otherwise permitted by this part, the plaintiff shall be entitled to a verdict and a judgment by default in open court or in chambers and without the intervention of a jury for all of the amount due, together with costs, as if every item and paragraph of the affidavit provided for in Code Section 44-14-231 were supported by proper evidence. (c) The defendant may answer either in writing or orally. If the defendant answers orally, the substance thereof shall be endorsed by the court on the petition. The answer may contain any legal or equitable defense or counterclaim. If the defendant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record. Every effort shall be made by the trial court to expedite a trial of the issues and place the case on the next available calendar. However, the trial shall not be held before seven days have elapsed from the date the defendant files his answer. The defendant shall be allowed to remain in possession of the secured property pending the final outcome of the litigation, provided that the defendant complies with Code Section 44-14-234. (d) The court shall issue an order directing the defendant or person in possession of property sought to be foreclosed to turn over said property to the sheriff, marshal, constable, or their lawful deputies whenever that court issues a writ of possession for personal property pursuant to this part. (e) A suggested form for the order authorized under subsection (d) of this Code section is as follows:

Page 1028

Section 5. Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 44-14-234, relating to payments into court, and inserting in their place the following: (1) Where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons, the defendant shall be required to pay into the registry of the trial court: (A) All past due amounts which are admitted to be due and for which there are no allegations of defenses or claims which, if proven, would offset said amounts alleged past due; and (B) All amounts of unaccelerated payments which become due after the issuance of the summons as said amounts of payments become due; provided, however, that, in lieu of the payments, the defendant shall be allowed to submit a receipt to the court indicating

Page 1029

that the payments have been made to the secured creditor. In the event that the amount of the payments actually due or to become due is in controversy, the court shall determine the amount to be paid into the court in the same manner as provided in paragraph (2) of this Code section; (2) If the plaintiff and the defendant disagree as to the amounts actually due or to become due, the court shall set a hearing date to determine the amount to be paid into the court. At the hearing, the parties may submit to the court any evidence of the amounts actually due or to become due, including any security agreement and evidence of any claims or defenses arising out of the same transaction, for the purpose of establishing the actual amount of the payments to be paid into the registry of the court;. Section 6. Said chapter is further amended by striking Code Section 44-14-237, relating to transfer of property after posting bond, and inserting in its place a new Code section to read as follows: 44-14-237. In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons and after having an opportunity to answer, the defendant shall post bond for the delivery of the property at the time and place of sale. The bond shall be with good security for a sum equal to the value of the property or the amount of the alleged remaining balance, whichever is less. The value of the property shall be estimated by the judge, the magistrate, or the clerk. Upon the approval of the bond by the judge, the magistrate, or the clerk, the defendant may transfer, remove, or convey such property as may be approved by the judge, the magistrate, or the clerk. Section 7. Said chapter is further amended by adding at the end of Part 10 of Article 8, relating to miscellaneous liens, a new Code Section 44-14-517 to read as follows: 44-14-517. Pursuant to the authority granted to states by Section 107 of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100

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STAT. 1613, 1630, all liens imposed pursuant to such subsection shall be filed in the office of the clerk of the superior court of the county in this state in which the real property subject to the lien is located and shall be filed in the same manner as deeds are recorded. Section 8. (a) Section 7 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 through 6 of this Act shall become effective on July 1, 1987. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. HIGHWAYS, BRIDGES, AND FERRIES VEHICLES EXCEEDING 60 FEET IN LENGTH; DESIGNATION OF ROADS, STREETS, AND HIGHWAYS ON WHICH SUCH VEHICLES MAY OPERATE; SIGNS. Code Section 32-6-24 Amended. No. 705 (Senate Bill No. 368). AN ACT To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to correct the Public Law reference; to authorize the department to designate, rescind the designation of, and place appropriate signs upon those roads, streets, or highways on the State Highway System upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1031

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows: (2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailer-trailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination, provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and provided, further, that the department is authorized to designate certain roads, streets, or highways upon which vehicles more than 60 feet in length may operate when operating as a truck tractor-semitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so designated only after the department has considered the operational and safety characteristics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been diminished or operational problems increased, or both, by the actual operation of such vehicles. Such roadways shall

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be posted with appropriate signs specifying the maximum length allowed for each vehicle combination. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway designation: (A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or (B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. MAGISTRATE COURTS JURISDICTION; BAD CHECKS. Code Section 15-10-2 Amended. Code Sections 15-10-200 through 15-10-202 Enacted. No. 706 (House Bill No. 76). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the trial and sentencing of misdemeanor violations relating to bad checks; to provide that upon written demand of the defendant a case shall

Page 1033

be removed to state or superior court; to provide for practice and procedure; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to jurisdiction, by striking the word and at the end of paragraph (10), by replacing the period at the end of paragraph (11) with the symbol and word ; or, and by adding thereafter a new paragraph (12) to read as follows: (12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to criminal issuance of bad checks, as provided by Article 10 of this chapter. Section 2. Said chapter is further amended by adding at the end thereof a new Article 10 to read as follows: ARTICLE 10 15-10-200. This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to issuance of bad checks, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20. 15-10-201. There shall be no jury trials in the magistrate court. Any person charged with one or more misdemeanor violations of Code Section 16-9-20, may, at any time before trial, demand that the case be removed to the state court of the county or to the superior court of the county if there is no state court. Such demand shall be written. Upon such written demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have had and of any other right which could have been secured by such a demand. 15-10-202. (a) Prosecution for a misdemeanor violation of Code Section 16-9-20 may proceed by arrest, as provided

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in Chapter 4 of Title 17, and an accusation, as provided in Code Section 17-7-71, or by citation. (b) Each citation shall be based upon an affidavit as in the issuance of an arrest warrant and said citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by a judge or clerk of the magistrate court. (c) Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and service of the citation by a law enforcement officer. The original of the citation shall be personally served upon the accused and a copy shall promptly be filed with the court. (d) If the prosecution is proceeding upon citation, the accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of a judge of the magistrate court and required to post a bond for his future appearance. If the accused demands removal of the case to the state or superior court, the magistrate court may require that the accused post a bond for his future appearance in the state or superior court. (e) The prosecuting attorney of the court in which the case would have been tried if a demand for removal had been made shall be responsible for the prosecution of the case in the magistrate court. Section 3. This Act shall become effective July 1, 1987, and shall apply to prosecutions commenced on or after said date. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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JEKYLL ISLANDSTATE PARK AUTHORITY EMPLOYEES; HEALTH INSURANCE; MEMBERSHIP IN EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA. Code Sections 45-18-1 and 47-2-313 Amended. No. 707 (House Bill No. 193). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to change the definition of the term employee to exclude certain employees of the Jekyll IslandState Park Authority; to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to provide that certain employees of the Jekyll IslandState Park Authority hired on or after July 1, 1987, and paid on an hourly basis shall not be members of the Employees' Retirement System of Georgia and shall not be included under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, is amended by striking in its entirety subparagraph (A) of paragraph (2) of Code Section 45-18-1, relating to definitions applicable to the health insurance plan for state employees, and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) A person who works full time for the state and receives his compensation in a direct payment from a department, agency, or institution of state government; provided, however, that such term shall not include specially classified

Page 1036

maintenance and food service employees of the Jekyll IslandState Park Authority hired on or after July 1, 1987, and paid on an hourly basis;. Section 2. Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-313, relating to eligibility of officers and employees of the Jekyll IslandState Park Authority for membership in the Employees' Retirement System of Georgia, and inserting in lieu thereof a new Code Section 47-2-313 to read as follows: 47-2-313. All eligible officers and employees of the Jekyll IslandState Park Authority shall be subject to a merit system of personnel administration as promulgated by that authority and under which all such officers and employees shall be selected on a basis of merit, fitness, and efficiency. All such officers and employees, except as otherwise provided in this Code section, are authorized to become members of the retirement system, provided that such membership shall become effective no earlier than April 1, 1958; provided, further, that any officer or employee of the authority who is already a member of the retirement system shall be entitled to credit for his total service with the authority. All specially classified maintenance and food service employees of the authority hired on or after July 1, 1987, and paid on an hourly basis shall not be members of the retirement system and shall not be included under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of Title 45. There shall be paid from the funds appropriated for the operation of the Jekyll IslandState Authority all contributions required by this chapter. All such payments shall be in addition to the regular compensation allowed to such officers and employees. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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PUBLIC SCHOOL EMPLOYEES HEALTH INSURANCE PLAN RETIRED FORMER PUBLIC SCHOOL EMPLOYEES; RETIRED FORMER EMPLOYEES OF A COMMUNITY COLLEGE OF A LOCAL SCHOOL SYSTEM; SPOUSES; CHILDREN; COVERAGE. Code Section 20-2-915 Amended. No. 708 (House Bill No. 247). AN ACT To amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to coverage for retiring public school employees and their dependents under the public school employees health insurance plan, so as to authorize coverage under said health insurance plan for retired former public school employees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children; to provide for other matters relative thereto; to provide that this Act shall become effective when funds are appropriated therefor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to coverage for retiring public school employees and their dependents under the public school employees health insurance plan, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) The contract or contracts shall provide for health insurance for retired former public school employees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The former retired employees shall include individuals who retired prior to January 1, 1987, and who receive benefits

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from one of the retirement systems operated by the state or by a local school system. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired former employees or may be appropriated to the State Department of Education. Such retired former employees shall pay premiums for such health insurance in an amount set by the board after consideration of the amount appropriated to the State Department of Education. The board shall adopt regulations prescribing the conditions under which a retired former employee may elect to participate in or withdraw from the plan. Section 2. This Act shall become effective when the General Assembly appropriates the necessary funds to implement the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. WORKERS' COMPENSATION COUNTY GOVERNING AUTHORITIES; ELECTED MEMBERS AS EMPLOYEES. Code Section 34-9-1 Amended. No. 709 (House Bill No. 342). AN ACT To amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that elected members of the county governing authority are included in the definition of employee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking subsection (2) of said Code section in its entirety and substituting in lieu thereof a new subsection (2) to read as follows: (2) `Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer fire-fighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition,

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if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. GEORGIA FIREMEN'S PENSION FUND MEMBERSHIP; REINSTATEMENT TO ACTIVE STATUS; DISABILITY BENEFITS WAIVER; INTEREST AND PENALTIES. Code Sections 47-7-40, 47-7-43, and 47-7-61 Amended. Code Sections 47-7-42 and 47-7-83 Repealed. No. 710 (House Bill No. 355). AN ACT To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so

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as to delete certain provisions relating to eligibility to make application for membership in the fund, provisions which expired on November 1, 1984; to provide that the board of trustees may deny or condition reinstatement to active status on account of an applicant's illness, disease, or injury not incurred while performing the duties of a fireman; to provide that the board may condition continued membership on the waiver of disability benefits for disability resulting from illness, disease, or physical injury which is not service connected; to repeal certain provisions relating to membership of firemen and voluntary firemen who have previously elected nonmembership or who have previously withdrawn membership; to delete certain provisions relating to membership of employees of the Georgia Firemen's Pension Fund, provisions which expired on July 1, 1971; to provide for interest and penalties for failure to return or pay taxes imposed to support the fund; to delete certain provisions relating to eligibility of certain members of the fund for credit for service prior to membership; 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. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking in its entirety subsection (a) of Code Section 47-7-40, relating to eligibility to make application for membership in the fund, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person employed as a fireman or enrolled as a volunteer fireman is eligible to make application to the board for membership in the fund, provided that he is of such age as to be able to make the monthly payments required by this Code section for a period of not less than 20 years prior to the attainment of the normal retirement age of 55. Upon becoming a member of the fund, a fireman or volunteer fireman shall receive credit only from the date of his becoming a member of the fund. Section 2. Said chapter is further amended by adding at the end of Code Section 47-7-40, relating to eligibility to make application for membership in the fund, two new subsections (e) and (f) to read as follows:

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(e) If a physician's report obtained by the board with respect to a member applying for reinstatement to active status after having been placed upon leave of absence reveals that the member has an illness, disease, or physical injury or abnormality, the board may deny the application or may require as a precondition to reinstatement to active membership a waiver by the member of his right to disability benefits for disability resulting from such condition or the aggravation of such condition. (f) If a physician's report obtained by the board with respect to a member reveals that the member has an illness, disease, or physical injury or abnormality not incurred while performing the duties of a fireman during a period of active membership in the fund, except heart disease or respiratory disease, the board may require as a precondition to continued membership a waiver by the member of his right to disability benefits for disability resulting from such condition or the aggravation of such condition. Section 3. Said chapter is further amended by striking and repealing in its entirety Code Section 47-7-42, which reads as follows: 47-7-42. Firemen and volunteer firemen who were serving as such when the fund was instituted and failed to become members of the fund, those who became members and have since withdrawn, or those who have since been employed by a fire department and failed to become members of the fund within the time prescribed by law and who desire to become members of the fund are authorized to apply for membership, subject to the following conditions: (1) Each such fireman or volunteer fireman shall make application for membership upon a form to be furnished by the fund and to be sworn to before a notary public. The applicant shall also furnish a physician's certificate showing his true physical condition, such certification to be submitted on a form furnished by the fund. The board may order a reexamination of any applicant for membership by another physician at any time. The cost of such reexamination shall be paid by the fund; (2) The application form shall provide a space for the chief of the fire department or municipal clerk to

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certify under oath as to the creditable service of the applicant; (3) Applications under this Code section shall be accompanied by a check, a money order, or cash in an amount equal that which would have been paid had contributions been made at the rate of $5.00 per month from July 1, 1955, or from the date on which the applicant first became eligible to apply for membership in the fund, whichever is appropriate, together with simple interest on that amount at the rate of 6 percent per annum, as shown by a prepared table furnished by the fund; (4) No fireman or volunteer fireman who is 50 years of age or older shall be eligible to apply for membership in the fund unless he has at least 13 years of creditable service with a class eight or better fire department located within this state; (5) Applications for membership from persons qualifying under this Code section will be accepted from September 1 through October 31, 1973, after which date no delinquent application will be accepted; (6) Those firemen and volunteer firemen admitted to membership under this Code section shall not be eligible for retirement or disability benefits under the fund until they have completed at least two years of continuous creditable service from the date of admission to membership. Those firemen and volunteer firemen admitted to membership under this Code section shall be entitled to disability benefits under Code Section 47-7-102., and inserting in lieu thereof a new Code Section 47-7-42 to read as follows: 47-7-42. Reserved. Section 4. Said chapter is further amended by striking in its entirety Code Section 47-7-43, relating to membership of employees of the Georgia Firemen's Pension Fund, and inserting in lieu thereof a new Code Section 47-7-43 to read as follows: 47-7-43. Notwithstanding any provision in this chapter to the contrary, each regular employee of the fund shall be

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eligible to join the fund for the purpose of receiving pension benefits only, in like manner as firemen and volunteer firemen. Section 5. Said chapter is further amended by striking in its entirety Code Section 47-7-61, relating to the tax imposed on insurance premiums charged for fire, lighting, wind, and extended coverage, and inserting in lieu thereof a new Code Section 47-7-61 to read as follows: 47-7-61. Every fire insurance company, corporation, or association doing business within this state shall within 90 days from December 31 of each year file a return with and pay to the secretary-treasurer of the Georgia Firemen's Pension Fund a tax of 1 percent of the gross premiums written by such insurance company, corporation, or association during the previous calendar year on fire, lightning, and extended coverage; inland marine and allied lines; and wind storm insurance policies, covering property within this state, provided that premiums for such insurance policies in cases where the property covered is classified by the Insurance Services Office, or its successor as determined by the board, as unprotected property shall be excluded in determining this tax. This tax is in addition to any and all other premium taxes now imposed by law. If a fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes imposed by this Code section, the secretary-treasurer shall report such delinquency to the Commissioner of Insurance. The Commissioner of Insurance is authorized and directed upon receipt of such report, after notice and hearing, immediately to cancel such delinquent's license to do business within this state. Returns shall be made on forms prescribed by the board. Taxes imposed by this Code section shall bear interest from the due date until paid at the rate of interest which judgments entered in the courts of this state bear as prescribed by law. If any fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes due as imposed by this Code section, there shall be imposed, in addition to the tax and interest thereon, a penalty not greater than 25 percent of the taxes due or $1,000.00, whichever is greater, in the discretion of the board. The board may in its name bring such actions as it may determine appropriate to collect any liability imposed by this Code section.

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Section 6. Said chapter is further amended by striking in its entirety Code Section 47-7-83, relating to credit for prior service, which reads as follows: 47-7-83. Any person who on April 1, 1984, is a member of the fund and who on April 1, 1984, is at least 35 years of age but under the age of 44 years shall be eligible upon application to the board made not earlier than September 1, 1984, and not later than November 1, 1984, to receive credit, but not in excess of eight years, for continuous service rendered as a fireman or volunteer fireman after the person reached the age of 30 but immediately prior to the person's becoming a member of the fund and not otherwise credited to the person under this chapter, for which service the person would have been otherwise eligible for credit had the person been a member of the fund at the time the service was rendered, upon payment at the time of application of an amount equal to that amount which would have been paid had contributions been made during such period of prior service at the monthly rate which is in effect at the time of the application, for each month for which credit is sought, together with simple interest on that amount at the rate set forth in paragraph (2) of subsection (a) of Code Section 47-7-40 from the date on which such contributions would have been made until the date of payment. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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GENERAL ASSEMBLY LEGISLATIVE SERVICES COMMITTEE; AUDITS; MINUTES OF MEETINGS. Code Section 28-4-2 Amended. No. 711 (House Bill No. 387). AN ACT To amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits; to provide that upon the request of a member of the General Assembly a copy of the minutes of a meeting of the committee shall be sent to such member; 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 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) The committee is authorized to contract with a licensed certified public accountant or certified public accounting firm to perform a management audit of the financial practices and operations of the legislative branch of government and, if the committee deems it advisable, to conduct a performance audit of one or more of the legislative offices listed in subsection (e) of this Code section. Section 2. Said Code section is further amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) A copy of the minutes of the meetings of the committee and of the audits provided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of

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the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. Upon the request of a member of the General Assembly, a copy of the minutes of a meeting of the committee shall be sent to such member. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. INSURANCE SIMPLIFICATION OF LANGUAGE AND READING EASE STANDARDS; HOMEOWNER'S, TENANT HOMEOWNER'S, AND PERSONAL AUTOMOBILE INSURANCE POLICIES. Code Section 33-3-25 Amended. No. 712 (House Bill No. 422). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to change the provisions relating to simplification of language and reading ease standards for certain insurance policies, certificates, and coverage booklets; to provide for standards for certain insurance policies, certificates, and coverage booklets issued, delivered, or issued for delivery in this state on or after July 1, 1988; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by striking Code Section 33-3-25, relating to language simplification and reading ease standards for policies, certificates, and coverage booklets, and inserting in lieu thereof a new Code Section 33-3-25 to read as follows: 33-3-25. (a) All homeowner's insurance policies, including tenant homeowner's insurance policies, personal automobile insurance policies, individual life or accident insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets provided by insurers to group life or accident and sickness insurance certificate holders which are issued, delivered, or issued for delivery in this state on or after July 1, 1988, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Commissioner of Insurance after due notice and hearing. (b) In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets, the Commissioner of Insurance may utilize a minimum score of 40 on the `Flesch reading ease test' as the basic standard or such other nationally recognized reading ease standards or tests as would produce comparable policy language simplification and readability results and he may also provide for exceptions thereto by appropriate rules and regulations. (c) This Code section shall apply to all insurers issuing the kinds of insurance policies described in subsection (a) of this Code section in this state, including all insurers, non-profit corporations, or other organizations issuing policies or contracts of life or accident and sickness coverage under Chapter 15, 18, 19, 20, 21, 29, or 30 of this title. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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REVENUE AND TAXATION TAX EXECUTIONS; COSTS OF ADVERTISEMENTS. Code Section 48-5-137.1 Enacted. No. 713 (House Bill No. 439). AN ACT To amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide that the costs of advertisements of property to be sold under tax execution shall be an additional cost of the execution to be satisfied voluntarily by the defendant or by levy and sale of the property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by adding between Code Section 48-5-137 and 48-5-138 a new Code Section 48-5-137.1 to read as follows: 48-5-137.1. The costs of all advertisements of property to be sold under tax execution by a sheriff, or tax collector or tax commissioner acting as an ex officio sheriff, when such advertisements are required by law shall be an additional cost of the execution to be satisfied voluntarily by the defendant or by levy and sale of the property. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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ELECTIONS CONTESTED PRIMARIES OR ELECTIONS; ELECTION SUPERINTENDENTS AS DEFENDANTS; SETTLEMENT PROCEDURES. Code Section 21-2-520 Amended. Code Section 21-2-527.1 Enacted. No. 714 (House Bill No. 465). AN ACT To amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to provide that the election superintendent or superintendents who conducted certain contested primaries or elections may be named as defendants in certain contest cases; to prohibit settlement of certain contest cases unless all parties to such case have been given an opportunity to object to such settlement before the court and the court has approved such settlement; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, is amended by striking paragraph (2) of Code Section 21-2-520, relating to definitions regarding contested elections and primaries, and inserting in its place a new paragraph (2) to read as follows: (2) `Defendant' means: (A) The person whose nomination or election is contested; (B) The person or persons whose eligibility to seek any nomination or office in a run-off primary or election is contested; (C) The election superintendent or superintendents who conducted the contested primary or election; or

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(D) The public officer who formally declared the number of votes for and against any question submitted to electors at an election. Section 2. Said article is further amended by adding a new Code section immediately following Code Section 21-2-527, to be designated Code Section 21-2-527.1, to read as follows: 21-2-527.1. No settlement of any case under this article shall become effective unless: (1) All parties to such case have been given an opportunity to object to such settlement before the court; and (2) The court has approved such settlement. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. LOCAL GOVERNMENT COUNTY GOVERNING AUTHORITIES; ORIGINAL AND EXCLUSIVE JURISDICTION; MUNICIPAL PROPERTY; SALE. Code Section 36-5-22.1 Enacted. Code Section 36-37-6 Amended. No. 715 (House Bill No. 521). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the provisions relating to the organization of county governments; to change the provisions relating to the sale of municipal property; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding in Chapter 5, relating to the organization of county government, a new Code Section 36-5-22.1 to read as follows: 36-5-22.1. (a) The governing authority of each county has original and exclusive jurisdiction over the following subject matters: (1) The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient; (2) The levying of a general tax for general county purposes and a special tax for particular county purposes; (3) The establishing, altering, or abolishing of all roads, bridges, and ferries in conformity to law; (4) Reserved; (5) The filling of all vacancies in county offices unless some other body or official is empowered by law to so fill such vacancy; (6) The examining, settling, and allowing of all claims against the county; (7) The examining and auditing of the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and the settling of the same; (8) The making of such rules and regulations for the support of the poor of the county, for the county police and patrol, for the promotion of health, and for quarantine as are authorized by law or not inconsistent therewith; and (9) The regulating of peddling in the unincorporated areas of the county and fixing of the cost of licenses therefor.

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(b) Nothing in this Code section shall be construed to prohibit a local law from delegating to a chairman or chief executive officer of a county governing authority jurisdiction over any subject matter provided for in subsection (a) of this Code section. Section 2. Said title is further amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 36-37-6, relating to the sale of municipal property by sealed bids or auction generally, and inserting in its place a new paragraph (2) to read as follows: (2) This Code section shall not apply to the disposal of property: (A) Which is acquired by deed of gift, will, or donation and is subject to such conditions as may be specified in the instrument giving or donating the property; (B) Which is received from the United States government or from this state pursuant to a program which imposes conditions on the disposal of such property; (C) Which is disposed of pursuant to the powers granted in Chapter 61 of this title, the `Urban Redevelopment Law,' or a homesteading program; (D) Which is sold or transferred to another governing authority or government agency for public purposes; or (E) Which is no longer needed for public road purposes and which is disposed of pursuant to Code Section 32-7-4. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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INSURANCE DIRECT RESPONSE INSURANCE BUSINESS; REGISTERED AGENTS FOR SERVICE OF PROCESS; OFFICE OR TOLL FREE TELEPHONE. Code Section 33-24-52 Enacted. No. 716 (House Bill No. 582). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide a definition of direct response insurance business; to provide that foreign or alien insurers who conduct direct response insurance business in this state shall be required to maintain a registered agent for service of process who is a resident of this state; to require such insurers to maintain an office within this state or provide collect or toll free telephone service to policyholders; to require such insurers to notify policyholders in writing of the applicable telephone number or numbers and of any changes in such number or numbers within 90 days of such changes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof a new Code Section 33-24-52 to read as follows: 33-24-52. (a) For the purposes of this Code section, `direct response insurance business' means the solicitation, delivery, and servicing of group or individual life or accident and sickness insurance policies in this state, other than franchise insurance policies or other policies sold through a third party, travel life or accident insurance policies, or life or accident and sickness insurance policies sold or issued in connection with an extension of credit, under a general mode of business in which there is no face-to-face contact between the insured and an agent or other representative of the insurer.

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(b) Any foreign or alien insurer who conducts a direct response insurance business in this state shall: (1) Maintain a registered agent for service of process who is a resident of this state; and (2) Maintain an office within this state, accept collect telephone calls from its direct response insurance policyholders, or provide toll free telephone service to such policyholders in order to provide information and assistance to such policyholders and their beneficiaries. (c) Any insurer providing collect or toll free telephone service pursuant to this Code section shall notify its direct response insurance policyholders in writing of the applicable telephone number or numbers and of any subsequent changes in the telephone number or numbers within 90 days of such change. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. MUNICIPAL CORPORATIONSGOVERNING AUTHORITY; RETIREMENT AND PENSIONS; PRIOR ADVERTISEMENT NOT REQUIRED. Code Section 36-35-4 Amended. No. 717 (House Bill No. 616). AN ACT To amend Code Section 36-35-4 of the Official Code of Georgia Annotated, relating to the authority of a municipal governing body to fix compensation and benefits, so as to provide a definition.

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for certain terms; to provide for legislative intent; 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 36-35-4 of the Official Code of Georgia Annotated, relating to the authority of a municipal governing body to fix compensation and benefits, is amended by adding at the end thereof a new subsection, to be designated subsection (d), to read as follows: (d) As used in subsection (a) of this Code section, the words `retirement' and `pension' shall mean termination from municipal service with the right to receive a benefit based upon all or part of such municipal service in accordance with the terms of the ordinance or contract pursuant to which the municipality provides for payment of such benefits. The General Assembly declares and affirms that the Act approved April 17, 1981 (Ga. L. 1981, p. 1741) was intended to assure that prior advertisement of actions to provide insurance, federal old-age, survivors and disability programs, retirement, pension, hospitalization, and workers' compensation benefits to elected members of the municipal governing authority, their dependents, and their survivors is not required. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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CIVIL PRACTICEJUDGMENTS OF COURTS OF RECORD; FINDINGS OF FACT AND CONCLUSIONS OF LAW ACCOMPANYING JUDGMENTS; WAIVER; MOTIONS TO CHANGE FINDINGS OF THE COURT; WAIVER OF INSUFFICIENCY AS GROUND FOR APPEAL. Code Section 9-11-52 Amended. No. 718 (House Bill No. 657). AN ACT To amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the Georgia Civil Practice Act, so as to provide under what conditions findings of fact and conclusions of law must accompany the judgment of a court of record; to provide for a waiver by the parties of such findings and conclusions; to change certain time limitations for filing of motions to change findings of the court; to provide that a losing party waives as a ground for appeal the insufficiency of findings or conclusions of no motion to amend is filed prior to the filing of an appeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the Georgia Civil Practice Act, is amended by striking in its entirety Code Section 9-11-52, relating to findings by the court, which reads as follows: 9-11-52. (a) In all actions in superior court tried upon the facts without a jury, except actions involving only uncontested divorce, alimony, and custody of minors, the court shall find the facts specially and shall state separately its conclusions of law thereon, and judgment shall be entered pursuant to Code Section 9-11-58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Request for findings are not necessary

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for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. If an opinion opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Code Section 9-11-12 or 9-11-56 or any other motion except as provided in subsection (b) of Code Section 9-11-41. The requirements of this subsection may be waived in writing by the parties. However, all verdicts and judgments prior to March 10, 1970, rendered in any uncontested divorce, alimony, or custody case without findings of fact and conclusions of law are declared to be legal and binding and of the same effect as if such cases had been rendered with findings of fact and conclusions of law. (b) Upon motion of a party made not later than ten days after entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial but, if so made, both motions shall be made within ten days after the entry of judgment. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend them or a motion for judgment., and inserting in its place a new Code Section 9-11-52 to read as follows: 9-11-52. (a) In ruling on interlocutory injunctions and in all nonjury trials in courts of record, the court shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law. If an opinion or memorandum of decision is filed, it will be sufficient if the findings and conclusions appear therein. Findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. (b) This Code section shall not apply to actions involving uncontested divorce, alimony, and custody of minors, nor

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to motions except as provided in subsection (b) of Code Section 9-11-41. The requirements of subsection (a) of this Code section may be waived in writing or on the record by the parties. (c) Upon motion made not later than 20 days after entry of judgment, the court may make or amend its findings or make additional findings and may amend the judgment accordingly. If the motion is made with a motion for new trial, both motions shall be made within 20 days after entry of judgment. The question of the sufficiency of the evidence to support the findings may be raised on appeal whether or not the party raising the question has made in the trial court an objection to findings or a motion for judgment. When findings or conclusions are not made prior to judgment to the extent necessary for review, failure of the losing party to move therefor after judgment shall constitute a waiver of any ground of appeal which requires consideration thereof. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. BANKING AND FINANCE BUSINESS DEVELOPMENT CORPORATIONS; LOANS; CALLS; DURATION OF SUCH CORPORATIONS. Code Sections 7-1-747 and 7-1-756 Amended. No. 719 (House Bill No. 720). AN ACT To amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain

Page 1060

loans that members may make to business development corporations; to modify the manner in which calls for member loans made by a business development corporation shall be apportioned among its members; to permit the articles of incorporation of a business development corporation to provide for a period of duration longer than 35 years; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, is amended by striking subsections (c) and (d) of Code Section 7-1-747, relating to applying for membership and loans by members, in their entirety and substituting in lieu thereof new subsections (c) and (d) to read as follows: (c) The total amount outstanding on member loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation then held by such member, shall not exceed the lesser of: (1) Twenty percent of the aggregate of the capital of the corporation then outstanding plus the total amount then outstanding on all member loans to the corporation, including in said total amount outstanding amounts validly called as member loans but not yet loaned; or (2) The following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding or, in the case of an insurance company, its last annual statement to the Insurance Commissioner: (A) Five percent of the statutory capital base of a bank or trust company; (B) One-half of 1 percent of the total outstanding loans made by building and loan or savings and loan associations;

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(C) Two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; (D) Two and one-half percent of the unassigned surplus of mutual insurance companies, except fire insurance companies; (E) One-tenth of 1 percent of the assets of fire insurance companies; and (F) Such limits as may be approved by the board of directors of the corporation for other lending institutions; or (3) One million five hundred thousand dollars. (d) Subject to paragraphs (1) and (3) of subsection (c) of this Code section, each call for member loans made by the corporation shall be apportioned among the members of the corporation in such manner that, to the extent feasible, all members shall, after making such member loans, have adjusted loan limits constituting an equal percentage of their respective loan limits. The adjusted loan limit of a member shall be the amount of such member's loan limit, as determined by reference to subsection (c) of this Code section, reduced by the balance of outstanding member loans made by such member to the corporation and the investment in capital of the corporation held by such member at the time of such call. Section 2. Said article is further amended by striking subsection (a) of Code Section 7-1-756, relating to the duration and dissolution of the corporation, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The period of duration of a corporation organized under this article shall be 35 years, subject, however, to the right of its shareholders and the members to dissolve the corporation prior to the expiration of said period as provided in subsection (b) of this Code section, and further subject to any longer period of duration as may be specified in the articles of incorporation as originally filed and approved or as thereafter amended pursuant to Code Section 7-1-750.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. PEACE OFFICERS' ANNUITY AND BENEFIT FUND PEACE OFFICER; DEFINITION. Code Section 47-17-1 Amended. No. 720 (House Bill No. 722). AN ACT To amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions under the Peace Officers' Annuity and Benefit Fund, so as to change certain definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions under the Peace Officers' Annuity and Benefit Fund, is amended by striking subparagraphs (A) and (B) of paragraph (5) in their entirety and inserting in lieu thereof new subparagraphs (A) and (B) to read as follows: (A) Any peace officer who is employed by this state or any municipality, county, or other political subdivision thereof who is required by the terms of such peace officer's employment, whether by election or appointment, to give such peace officer's full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any municipality, county, or other

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political subdivision thereof and who is required by the terms of such peace officer's employment to comply with the training requirements of the `Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35, provided that, for the purposes of this chapter, any deputy sheriff employed as such by a sheriff of this state shall be deemed to be employed by the county in which such sheriff serves; (B) Any warden or guard of state or county correctional institutions and any warden or guard of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard; and any warden or guard of a municipal correctional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled, provided that any such warden or guard as provided in this subparagraph is required by the terms of his employment to comply with the training requirements of the `Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35;. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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PUBLIC PROPERTY UNITS OR INSTRUMENTALITIES OF GOVERNMENT AS PARTIES IN CASES PERTAINING TO REAL PROPERTY; SPECIAL STATUTORY PROCEEDINGS. Code Section 50-16-17 Amended. No. 721 (House Bill No. 843). AN ACT To amend Code Section 50-16-17 of the Official Code of Georgia Annotated, as enacted by an Act approved March 26, 1986 (Ga. L. 1986, p. 316), relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property; to specify that such authorization applies to special statutory proceedings; 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 50-16-17 of the Official Code of Georgia Annotated, as enacted by an Act approved March 26, 1986 (Ga. L. 1986, p. 316), relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Cumulative of any other prerogatives or powers, any unit or instrumentality of government within this state is empowered and authorized to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to real property and which is available under the general law of this state to nongovernmental parties in like circumstances. Without limitation this law shall apply to matters in law and equity, matters of general civil procedure, and to special statutory proceedings. This law shall be construed liberally as a remedial law, and it shall be applicable to all claims, whether

Page 1065

heretofore or hereafter accruing and regardless of whether proceedings concerning such claims have commenced or may hereafter be commenced. Neither this law nor any actions taken by a governmental unit or instrumentality within its terms shall be deemed or construed as waiving sovereign immunity under state law or waiving any immunities under the Eleventh Amendment of the Constitution of the United States. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. DOMESTIC RELATIONS CHILD ABUSE PROTOCOL AMONG COUNTY AGENCIES AND OFFICES; PROTOCOL COMMITTEES. Code Section 19-1-1 Enacted. No. 722 (House Bill No. 913). AN ACT To amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, so as to provide for a child abuse protocol among county agencies and offices; to provide for the formation and membership of a protocol committee in each county; to provide for meetings; to provide for written protocols by a certain date; to provide purposes and components of the protocol; to provide for modifications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, is amended by striking Reserved from said chapter and inserting therein a new Code section, to be designated Code Section 19-1-1, to read as follows: 19-1-1. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting. Thus established, the committee shall thereafter elect a chairperson from its membership. (c) Each of the following agencies of the county shall designate a representative to serve on the committee: (1) The office of the sheriff; (2) The county department of family and children's services; (3) The office of the district attorney; (4) The juvenile court; (5) The magistrate court; (6) The county board of education; and (7) The county mental health organization. (d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency

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in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child. (g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. DEVELOPMENT AUTHORITIES DISPOSITION OF REAL PROPERTY FOR FAIR MARKET VALUE. Code Section 36-62-6 and 36-62-7 Amended. No. 723 (House Bill No. 953). AN ACT To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide

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that a development authority may dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority if the board of directors of the authority prior to such disposition shall determine that such real property no longer can be used advantageously as a project for the development of trade, commerce, industry, and employment opportunities; to provide that any such disposition shall be made to one or more persons, firms, corporations, or governmental or public entities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended by striking Code Section 36-62-6 in its entirety and inserting in lieu thereof a new Code Section 36-62-6 to read as follows: 36-62-6. Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority, any of which contracts may be made with the county in which the authority is located or with any one or more municipal corporations in such county; each such county and all municipal corporations therein are authorized to enter into contracts with the authority; (4) To receive and administer gifts, grants, and devises of any property and to administer trusts; (5) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired as

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part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the purpose of demolition to make room for such project or any part thereof; (6) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; (7) To dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority if the board of directors of the authority prior to such disposition shall determine that such real property no longer can be used advantageously as a project for the development of trade, commerce, industry, and employment opportunities; (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (9) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (10) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds; and, in the exercise of powers granted by this Code section in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument, of such

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provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (11) To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, in order to secure the repayment of any moneys loaned or credit extended by the authority; (12) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is authorized to receive, accept, and use; (13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving the project, or for the purpose of refunding any such bonds of the authority theretofore issued and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to or necessary and appropriate to such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-62-8; (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement,

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indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture. This state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (15) If any authority authorizing an air transportation facility, to contract with any county or municipal corporation in the state; and any county or municipal corporation in the state is empowered to contract with any such authority to furnish air transportation services where such service is not otherwise in existence; and (16) To do all things necessary or convenient to carry out the powers expressly conferred by this chapter. Section 2 . Said chapter is further amended by striking Code Section 36-62-7 in its entirety and inserting in lieu thereof a new Code Section 36-62-7 to read as follows: 36-62-7. No project acquired under this chapter shall be operated by an authority or any municipal corporation, county, or other governmental subdivision. Such a project shall be leased or sold to one or more persons, firms, or private corporations. Any disposition of real property by an authority pursuant to paragraph (7) of Code Section 36-62-6 shall be made to one or more persons, firms, corporations, or governmental or public entities. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale must be entered into prior to or simultaneously with the issuance of the bonds or obligations; provided, however, that the acquisition and development of land by an authority as the site for an industrial park as provided in this chapter shall not be deemed to be the operation of a

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project and, notwithstanding anything herein to the contrary, an authority shall not be required to enter into a lease of such a project or a contract for its sale as a condition to the issuance of bonds or other obligations of the authority to provide financing therefor. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. GEORGIA STATE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY LICENSING ACT ENACTMENT. Code Title 43, Chapter 44 Revised. No. 724 (House Bill No. 258). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists; to provide for a short title; to provide for state policy; to provide for definitions; to change certain designations and terms; to abolish the State Board of Examiners for Speech Pathology and

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Audiology and provide for a successor State Board of Examiners for Speech-Language Pathology and Audiology; to provide for qualifications, terms, appointment, confirmation, removal, liability, and compensation of members of the board; to provide for board organization, meetings, and vacancies; to provide for the powers and duties of the board; to provide for licensure requirements; to require licensure for the performance of certain acts or use of certain titles; to provide for fees; to authorize the performance of certain activities and services by licensees, subject to certain limitations; to provide for licenses issued under this chapter; to provide for administrative, disciplinary, and investigatory actions and proceedings related thereto; to provide for sanctions and penalties; to provide for termination of the board and the repeal of laws relating thereto; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Chapter 44, relating to speech pathologists and audiologists, and inserting in its place a new chapter to read as follows: CHAPTER 44 43-44-1. This chapter shall be known and may be cited as the `Georgia State Speech-Language Pathology and Audiology Licensing Act.' 43-44-2. It is declared to be a policy of this state that in order to safeguard the public health, safety, and welfare and to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public. 43-44-3. As used in this chapter, the term: (1) `Audiologist' means a person who practices audiology and who presents himself to the public by any title or description of services incorporating the words

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audiologist, hearing clinician, hearing therapist, or any similar title or description of service. (2) `Board' means the State Board of Examiners for Speech-Language Pathology and Audiology. (3) `Person' means a natural person. (4) `Speech-language pathologist' means a person who practices speech-language pathology and who presents himself to the public by any title or description of services incorporating the words speech-language pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, logopedist, communicologist, voice therapist, voice pathologist, or any similar title or description of service. (5) `Speech-language pathology aide' or `audiology aide' means any person who meets the minimum requirements established by the State Board of Examiners for Speech-Language Pathology and Audiology and who works directly under the supervision of a licensed speech-language pathologist or licensed audiologist, respectively. (6) `The practice of audiology' means the application of principles, methods, and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, and research related to hearing and disorders of hearing for the purpose of modifying communicative disorders involving speech, language, auditory behavior, or other aberrant behavior related to hearing loss; and the planning, directing, conducting, or participating in programs of identification, hearing conservation, habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures such as, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading. (7) `The practice of speech-language pathology' means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, research, habilitation,

Page 1075

or rehabilitation related to the development and disorders of speech, voice, or language for the purpose of evaluating, preventing, ameliorating, or modifying such disorders and conditions in individuals or groups of individuals. 43-44-4. (a) The State Board of Examiners for Speech Pathology and Audiology existing on June 30, 1987, is abolished and there is created beginning July 1, 1987, and continuing thereafter the State Board of Examiners for Speech-Language Pathology and Audiology which shall succeed to all of that abolished board's powers, duties, and responsibilities which are not inconsistent with this chapter and which new board shall be composed of those members of the abolished board serving as such on June 30, 1987, which members shall serve out their respective terms of office and until their respective successors are appointed and qualified pursuant to this Code section. The board created by this Code section shall administer this chapter. The board shall consist of seven members who shall be appointed by the Governor and shall be confirmed by the Senate. At least two of the members shall be licensed speech-language pathologists and at least two shall be licensed audiologists, all of whom shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for a period of at least three years immediately preceding their appointments. At least one member shall be a board certified otolaryngologist of this state. At least one member shall be a lay person representing the public. All members shall be residents of this state and shall have been residents of this state for at least one year prior to their appointments. (b) Appointments by the Governor may be made from lists of names submitted by the Georgia Speech-Language-Hearing Association and the Georgia Society of Otolaryngology Head and Neck Surgery or other interested persons. Board members shall be appointed for a period of three years and until their respective successors are appointed and qualified. No member of the board may serve more than two consecutive full terms. (c) Members of the board shall serve until the expiration of the terms for which they have been appointed and until

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their respective successors are appointed and qualified. When a vacancy upon the board occurs, the Governor shall appoint, pursuant to this Code section, a successor to fill the unexpired term. (d) The Governor may remove any member of the board for dishonorable conduct, incompetency, or neglect of duty. (e) No member of the board shall be liable to civil action for any act performed in good faith in performance of the member's duties as prescribed by law. 43-44-5. (a) The board shall hold a regular annual meeting at which it shall elect from its membership a chair and vice-chair. The board shall meet not less than once each year and not more than eight times per year as necessary. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. The board may also meet at such other times as may be requested by the joint-secretary or determined by the board but shall not be compensated therefor under this chapter. (b) The joint-secretary shall notify each member of the board by mail in advance of the time and place of any meeting of the board. 43-44-6. (a) The board shall: (1) Have the responsibility and duty of administering and enforcing this chapter and shall assist the joint-secretary in carrying out this chapter; (2) Have the power to establish and to revise the requirements for obtaining licensure or the renewal of licensure; (3) Make all rules, not inconsistent with this chapter, that are reasonably necessary for the conduct of its duties and proceedings; (4) Adopt rules and regulations relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, regulations which establish

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ethical standards of practice and for other purposes. Following their adoption, such rules and regulations consistent with this chapter shall govern and control the professional conduct of every person who holds a license to practice under this chapter; (5) Conduct hearings and keep records and minutes as are necessary to the orderly dispatch of its functions; (6) Adopt a common seal; (7) Register qualified speech-language pathology or audiology aides and persons engaged in paid clinical experience as provided in paragraph (4) of subsection (b) of Code Section 43-44-8; (8) Issue, renew, and reinstate licenses; (9) Deny, suspend, revoke, or otherwise sanction licenses; (10) Accept results of qualifying examinations, administer examinations, or contract with qualified testing services to conduct or supervise examinations; (11) Establish fees; and (12) Establish requirements for continuing professional education of persons subject to this chapter by appropriate regulation. (b) The joint-secretary shall be guided by the recommendations of the board in all matters relating to this chapter. 43-44-7. (a) No person shall practice or hold himself out as being able to practice speech-language pathology or audiology in this state unless that person is licensed in accordance with this chapter. Nothing in this chapter, however, shall be construed as to prevent a person licensed under any other law of this state from operating within the scope of that person's license. (b) Licensure is not required of a speech-language pathologist or an audiologist certified by the Department of

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Education while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party. (c) Nothing in this chapter shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services which are directly related to meeting the qualifications for licensure as stipulated by this chapter. (d) Licensees shall conspicuously post their speech-language pathology or audiology license at all times in their principal office or place of business. (e) Nothing in this chapter shall be construed to entitle any person licensed under this chapter to engage in the practice of selling and dispensing hearing aids unless such person also holds a valid license as a hearing aid dealer or dispenser, which license is issued under the laws of this state. (f) Nothing in this chapter shall be construed to limit in any way the rights of hearing aid dealers or dispensers licensed under the laws of this state. (g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his license or the performing of hearing testing by persons acting under the supervision of a licensed physician, provided that the physician must be on the premises while such acts are being performed. 43-44-8. (a) To be eligible for licensure by the board as a speech-language pathologist or as an audiologist, the applicant must: (1) Hold a baccalaureate or higher degree, with a major emphasis in speech-language pathology or audiology, or both, from an accredited educational institution offering a graduate program in speech-language pathology or audiology, or both; (2) Submit certified evidence of the completion of 60 semester hours of academic credit from one or more

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accredited colleges or universities constituting a well-integrated program that includes 12 semester hours in courses that provide fundamental information applicable to the normal development and use of speech, hearing, and language; and 30 semester hours in courses that provide information about, and training in, the management of speech, hearing, and language disorders or that provide information supplementary to these fields. Of these 30 semester hours, no fewer than six must be in audiology for the speech-language pathologist, or in speech-language pathology for the audiologist; no more than six of these 30 semester hours may be in courses that provide academic credit for clinical practice. Of these 30 semester hours, at least 24, not including credit for thesis or dissertation, must be in courses in the field in which the license is requested. Furthermore, 30 of these 60 semester hours must be in courses acceptable toward a graduate degree by the accredited or approved college or university in which these courses are taken; (3) Submit certified evidence of the completion of 300 clock hours of directly supervised clinical practicum with cases representative of a wide spectrum of ages and communication disorders. The experience must be obtained within the accredited academic institution or in one of its cooperating programs; (4) Submit evidence of no less than nine months of full-time paid clinical experience in the area for which a license is requested. This clinical experience must be obtained under the supervision of one or more licensed speech-language pathologists or audiologists or one or more persons whose education and experience in the substantial equivalent of a licensed speech-language pathologist or audiologist. Supervision must be provided by individuals licensed or qualified in the appropriate area. This experience must follow completion of the requirements listed in paragraphs (1), (2), and (3) of this subsection. `Full-time' is defined as at least 30 hours per week. The nine months of full-time paid experience must be obtained within a period of 24 consecutive months. This requirement may also be fulfilled by 18 months of half-time paid experience of at least 15 hours per week which must be completed within a period of 36 months;

Page 1080

(5) Pass an examination or examinations approved by the board. Each applicant desiring to become licensed as a speech-language pathologist or as an audiologist shall make application for examination as provided by the board; and (6) Demonstrate recency of study through experience or continuing education requirements or a combination of both as approved by the board. (b) Notwithstanding any other provision of this chapter, any person who has been issued a license by the State Board of Examiners of Speech Pathology and Audiology to practice as a speech pathologist or an audiologist and whose license is valid on June 30, 1987, shall not be required to comply with the provisions of subsection (a) of this Code section. Such person shall continue to be licensed in that person's respective field and shall have that person's license renewed as long as that person complies with the remaining provisions of this chapter, including but not limited to any continuing education requirement established by the board for license renewal. 43-44-9. (a) The board may, in its discretion, upon payment of fees, grant a license without examination to applicants who present proof of current licensure in a state or country whose requirements for licensure are substantially equivalent to those of this chapter. (b) The board may, in its discretion, upon payment of fees, grant a license without examination to those who hold the Certificate of Clinical Competence of the American Speech-Language and Hearing Association in the area for which they are applying for licensure. 43-44-10. An applicant who meets the requirements for licensure as provided by this chapter and has paid the requisite fee or fees shall be licensed by the board as a speech-language pathologist, audiologist, or both. 43-44-11. (a) The board shall issue a certificate to each person whom it licenses as a speech-language pathologist or audiologist or both. Licensure shall be granted independently

Page 1081

in either speech-language pathology or audiology. Qualified applicants may be independently licensed in both areas. (b) The board may establish, through rules and regulations, a mechanism to provide for temporary and inactive status licenses to applicants. (c) All licenses shall be renewed biennially. Expiration, renewal, and penalty dates and provisions shall be as established by the board in accordance with Code Section 43-1-4. 43-44-12. Licensees may advertise their services, but such advertising shall be subject to regulation by the board. 43-44-13. The investigatory authority and disciplinary authority of the board shall be as provided in Code Section 43-1-19. 43-44-14. Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' applies to and governs all administrative action taken by the board. 43-44-15. Nothing contained in any other law shall prevent a person who is qualified under this chapter from engaging in the practice for which he is licensed under this chapter. 43-44-16. Any person who practices speech-language pathology or audiology, or who offers or pretends to practice, or holds himself out as eligible to practice speech-language pathology or audiology, and who is not legally registered and licensed under this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that such person practices in violation of this chapter shall constitute a separate offense. 43-44-17. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners for Speech-Language Pathology and Audiology shall be terminated on July 1, 1993, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. MOTOR VEHICLES AND TRAFFIC DRIVER'S LICENSES; NOTICE OF SUSPENSION; HABITUAL VIOLATOR REDEFINED; TIME PERIODS; PROBATIONARY DRIVER'S LICENSE; SERIOUS INJURY BY VEHICLE; POINT COUNTS. Code Sections 40-5-54, 40-5-58, 40-5-63, and 40-5-86 Amended. No. 725 (House Bill No. 266). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to provide that judges and prosecutors may suspend the driver's license of a habitual violator to change the time period within which a habitual violator may apply for a probationary driver's license; to change the period of driver's license suspension for a person charged with or convicted of serious injury by vehicle; to change the amount of point count reduction for attending certain courses and to change the courses for which a point count reduction will be awarded; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-54, relating to mandatory suspension of

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drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-54 to read as follows: 40-5-54. (a) The department shall forthwith suspend, as provided in Code Section 40-5-63, 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 of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title: (1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Manslaughter resulting from the operation of a vehicle; (3) Reserved; (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 Code Section 40-6-271; (6) Knowingly making a false affidavit or statement under oath or affirmation to the department under this chapter or any other law relating to the ownership or operation of motor vehicles; (7) Racing on highways and streets; (8) Using a motor vehicle in fleeing or attempting to elude an officer; (9) Fraudulent or fictitious use of a license; or (10) Hit and run or leaving the scene of an accident. (b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section may, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety of the suspension of the defendant's driver's license. The period

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of suspension shall be determined by the Department of Public Safety for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Department of Public Safety. The Department of Public Safety shall notify the defendant of the period of suspension at the address provided by the defendant. Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-58, relating to habitual violators, which reads as follows: (a) As used in this Code section, `habitual violator' means any person who has been arrested and convicted within the United States: (1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of: (A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) Homicide by vehicle in the first or second degree; (C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395; (D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state; (E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation

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on the highways or making a false statement to the department on any application for an operator's license; (F) Using a fraudulent or fictitious license; (G) While in a motor vehicle, fleeing or attempting to elude a police officer; (H) Any crime punishable as a felony under this chapter 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 or resulting in the death of, or injury to, another; or (J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or (2) Fifteen or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as contained in Chapter 6 of this title, including those covered in paragraph (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 revocation of any 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., and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) As used in this Code section, `habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of: (1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395; (2) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under Code Section 40-5-121 or any law of this state or any valid municipal or county ordinance substantially conforming to or paralleling the laws of this state; or (3) Singularly or in combination, any of the offenses described in paragraph (1) or (2) of this subsection, both inclusive. Section 3. Said title is further amended by striking subsection (b) of Code Section 40-5-58, relating to habitual violators, and inserting in lieu thereof a new subsection (b) to read as follows: (b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual

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violator to operate a motor vehicle in this state unless otherwise provided in this Code section. 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 revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall then give personal notice to such defendant on forms provided by the Department of Public Safety that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the Department of Public Safety the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's copy of the uniform citation or the official notice of conviction attached thereto. Section 4. Said title is further amended by striking subsections (b) and (f) of Code Section 40-5-63, relating to periods of suspension of drivers' licenses, and inserting in lieu thereof new subsections (b) and (f), respectively, to read as follows: (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months.

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(f) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. Section 5. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point counts, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows: 40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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COSMETOLOGISTS PERFORMANCE OF COSMETOLOGY SERVICES IN LOCATIONS OTHER THAN A LICENSED BEAUTY SHOP OR SALON; RULES AND REGULATIONS. Code Section 43-10-18.3 Enacted. No. 726 (House Bill No. 269). AN ACT To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to authorize the performance of cosmetology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability; to authorize the State Board of Cosmetology to adopt certain rules and regulations regarding such services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding immediately following Code Section 43-10-18.2 a new Code Section 43-10-18.3 to read as follows: 43-10-18.3 (a) Notwithstanding any other provision of this chapter, cosmetology services may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty shop or salon for regular cosmetology services. (b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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MOTOR COMMON CARRIERS AND MOTOR CONTRACT CARRIERS DEFINITIONS; DUMP TRUCKS AND TRANSIT MIXER VEHICLES. Code Section 46-1-1 Amended. No. 727 (House Bill No. 292). AN ACT To amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Title 46, so as to change certain provisions relating to the definition of a motor common carrier and motor contract carrier; to change certain provisions relating to certain dump trucks or transit mixer vehicles; 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 46-1-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Title 46, is amended by striking in its entirety division (7)(C)(xiv) and inserting in lieu thereof a new division (xiv) to read as follows: (xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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HOSPITALS AND MEDICAL FACILITIES BLOOD DONATIONS. Code Section 31-7-14 Enacted. No. 728 (House Bill No. 462). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that neither a medical facility nor a licensed medical practitioner shall prohibit a person from providing blood donors to furnish blood which may be needed by such person in previously scheduled surgery or medical treatment; to provide conditions for such donations; to provide that the medical facility may utilize its regular source of blood if an insufficient amount is donated; to provide for the retention of excess blood; to provide exceptions; to provide for immunity; to provide for short-term blood donor storage programs; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-14 to read as follows: 31-7-14. (a) When any person is admitted to a medical facility for surgical or medical treatment which has been scheduled in advance, neither the medical facility nor any licensed medical practitioner shall prohibit such person from providing a blood donor or donors to furnish blood which may be needed in such surgery or medical treatment, provided that: (1) The blood donation will not be detrimental to the donor or the recipient of such blood or any of its components; and

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(2) The donation is made not earlier than ten working days before the date of the anticipated transfusion and not later than the evening of the fourth full working day before the date of the anticipated transfusion. (b) If the person receiving surgical or other medical treatment requires more blood than is furnished by the provided donor or donors, then the medical facility may utilize its regular sources to supply the necessary amount. If less blood than the amount that is furnished by the provided donor or donors is used in the surgery or medical treatment, then the excess blood may be retained by the medical facility or turned over to a community blood bank. (c) This Code section shall not apply to any emergency surgical or medical treatment. (d) This Code section shall not apply to any medical facility which does not maintain a system for the collection, processing, and storage of blood and its component parts or to any medical facility which allows through a community blood bank a person to provide a blood donor or donors to furnish blood which may be needed in the person's surgery or medical treatment. (e) This Code section shall not apply to any person who is under the jurisdiction of the Department of Corrections. (f) A medical facility or licensed medical practitioner providing health care to a person who utilizes the provisions of this Code section shall not be liable in damages for injury or death occurring during or as a result of the medical or surgical treatment if the injury or death results from use of the blood supplied by the donors selected by the patient, unless that facility or practitioner is grossly negligent with regard to such use. (g) A medical facility or group of medical facilities may organize and operate short-term blood donor storage programs for the purpose of perpetuating a group of donors of a common blood type for emergency and planned surgical needs.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. RECREATION LEADERS STATE BOARD OF RECREATION EXAMINERS; COMPOSITION; DUTIES; THERAPEUTIC RECREATION SPECIALISTS AND TECHNICIANS; LICENSES; EXAMINATIONS; TEMPORARY PERMITS; EXCEPTIONS. Code Title 43, Chapter 41 Amended. No. 729 (House Bill No. 515). AN ACT To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders, the practice of therapeutic recreation, and the State Board of Recreation Examiners, so as to change the provisions relating to the definition of a therapeutic recreation specialist; to change the provisions relating to the composition and the duties of the State Board of Recreation Examiners; to change the provisions relating to the examination for license as a therapeutic recreation technician; to change the provisions relating to examination for license as a therapeutic recreation specialist; to change the provisions relating to denial, rejection, and revocation of licenses; to change the provisions relating to temporary permits; to change the provisions relating to exceptions from chapter; 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:

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Section 1. Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders, the practice of therapeutic creation, and the State Board of Recreation Examiners, is amended by striking paragraph (7) of Code Section 43-41-1, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (7) to read as follows: (7) `Therapeutic recreation specialist' means a person licensed to supervise and implement the practice of therapeutic recreation. Section 2. Said chapter is further amended by striking Code Section 43-41-2, relating to the creation of the State Board of Recreation Examiners, in its entirety and substituting in lieu thereof a new Code Section 43-41-2 to read as follows: 43-41-2. There is created the State Board of Recreation Examiners. This board shall consist of nine members appointed by the Governor, with the approval of the Secretary of State and confirmation by the Senate. Section 3. Said chapter is further amended by striking Code Section 43-41-3, relating to the composition of the board, in its entirety and substituting in lieu thereof a new Code Section 43-41-3 to read as follows: 43-41-3. (a) Effective July 1, 1980, the terms of all members of the Board of Recreation Examiners of the State of Georgia as it existed on June 30, 1980, shall expire, and the Governor shall appoint all members to the nine-member board. (b) Two members of the board shall be recreation administrators, two members shall be recreation supervisors, one member shall be a master therapeutic recreation specialist, two members shall be therapeutic recreation specialists, one member shall be actively providing academic instruction of therapeutic recreation majors at an accredited college or university and shall be licensed at a professional level, and one member shall be a consumer. (c) All appointments shall be for terms of three years. All members shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

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(d) All members of the board shall serve after the expiration of their respective terms until their respective successors shall be appointed and shall qualify, and vacancies occurring in the membership of the board shall be filled for the unexpired terms only in the same manner that appointments to the board are made. (e) The second therapeutic recreation specialist provided for by subsection (b) of this Code section shall be appointed by the Governor to take office on July 1, 1987, for an initial term of office expiring on July 1, 1989. Thereafter, successors to such member shall be appointed for a term of three years and until a successor is appointed and qualified. Section 4. Said chapter is further amended by striking Code Section 43-41-5, relating to general duties of the board, in its entirety and substituting in lieu thereof a new Code Section 43-41-5 to read as follows: 43-41-5. The board shall have the following duties and responsibilities: (1) Administer a plan of permissive certification for recreation administrators and recreation supervisors, mandatory licensure for therapeutic recreation professionals in a medically based agency or institution, and permissive licensure for therapeutic recreation professionals in a municipal, county, or other nonmedically based agency or setting; (2) Make such rules and regulations as may be necessary for the carrying out of the plan; (3) Establish and modify qualifications and hold examinations for certification of recreation administrators, recreation supervisors, and recreation leaders and for licensure of therapeutic recreation technicians, therapeutic recreation specialists, and master therapeutic recreation specialists; (4) Conduct, or assist in conducting, research and studies of problems relating to professional standards among those engaged in recreation work and recommend changes and improvements therein;

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(5) Formulate proper application forms, certificates, licenses, and other materials pertinent to the plan; and (6) Make annually to the Governor a full and true report of all its activities, with recommendations. Section 5. Said chapter is further amended by striking Code Section 43-41-6, relating to examination for license as a therapeutic recreation technician, in its entirety and substituting in lieu thereof a new Code Section 43-41-6 to read as follows: 43-41-6. In order to be eligible to take the license examination for a therapeutic recreation technician, the applicant must present, in addition to the requirements of Code Section 43-41-2, satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree in a related field such as physical education, drama, arts and crafts, art, dance, or music from an accredited college or university, and six months of supervised work experience in therapeutic recreation; (3) Has an associate degree in therapeutic recreation; (4) Has an associate degree in recreation and six months supervised work experience in a therapeutic recreation program; (5) Has an associate degree in a related field and one year of professionally supervised work experience in a therapeutic recreation program; or (6) Has completed an approved high school education or its equivalent, as is proved by a diploma or equivalency certificate; has one year of professionally supervised work experience in a therapeutic recreation program; and has earned two National Therapeutic Recreation Society approvedcontinuing professional development units in therapeutic recreation topics.

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Section 6. Said chapter is further amended by striking Code Section 43-41-7, relating to examination for license as a therapeutic recreation specialist, in its entirety and substituting in lieu thereof a new Code Section 43-41-7 to read as follows: 43-41-7. In order to be eligible to take the license examination for a therapeutic recreation specialist, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation and an option or emphasis in therapeutic recreation; (2) Has a baccalaureate degree from an accredited college or university with a major in recreation and has one year of professionally supervised work experience in a therapeutic recreation program and five continuing professional development units, in therapeutic recreation topics approved by the National Therapeutic Recreation Society; or (3) Has a baccalaureate degree from an accredited college or university with a major in a field related to therapeutic recreation and has two years of professionally supervised work experience in the therapeutic recreation field and ten continuing professional development units in therapeutic recreation topics approved by the National Therapeutic Recreation Association. Section 7. Said chapter is further amended by striking Code Section 43-41-8, relating to license for examination as a master therapeutic recreation specialist, in its entirety and substituting in lieu thereof a new Code Section 43-41-8 to read as follows: 43-41-8. In order to be eligible to take the license examination for a master therapeutic recreation specialist, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a master's degree from an accredited college or university with:

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(A) A major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and two years of professionally supervised work experience in a therapeutic recreation program; or (B) A major in recreation and three years of professionally supervised work experience in therapeutic recreation program and 15 continuing professional development units in therapeutic recreation topics approved by the National Therapeutic Recreation Association; or (2) Has a baccalaureate degree from an accredited college or university with: (A) A major in therapeutic recreation, or a major in recreation and an option or emphasis in therapeutic recreation and seven years of professionally supervised work experience in a therapeutic recreation program and 20 quarter hours or 12 semester credits in therapeutic recreation related topics; (B) A major in recreation and 15 graduate credits in therapeutic recreation or 15 continuing professional development units plus six years of professional work experience in therapeutic recreation; or (C) A major in a field related to therapeutic recreation and has at least 20 graduate credits or 20 continuing professional development units plus seven years' professional work experience in therapeutic recreation. Section 8. Said chapter is further amended by striking Code Section 43-41-15, relating to prohibition against denial of right to apply for licensure or admission to examination, in its entirety and substituting in lieu thereof a new Code Section 43-41-15 to read as follows: 43-41-15. No person shall be denied the right to make application for certification or licensure or for admission to examination therefor or denied the right to receive a certificate or license because of race, creed, sex, or national origin.

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Section 9. Said chapter is further amended by striking Code Section 43-41-16, relating to grounds for rejection or revocation of certificate or license, in its entirety and substituting in lieu thereof a new Code Section 43-41-16 to read as follows: 43-41-16. The board may refuse to issue a certificate or license or revoke any certificate or license issued by it if the person applying for or holding such certificate or license has: (1) Been convicted of an offense involving moral turpitude or any felony; (2) Advocated the overthrow of the government of the United States by force and violence or other unlawful means; (3) Made any willful statement or impersonated any other person or permitted or aided any other person to impersonate him or her in connection with any application for examination for licensure or for certification and registration; (4) Been found to be negligent or incompetent in performing the duties of any position held by the person, on the basis of the holding of which, experienced qualifications are offered on the person's behalf; (5) Sold or fraudulently obtained or furnished any therapeutic recreation diploma, license, renewal, record, or any means of certification or licensure in therapeutic recreation, or aided or assisted therein; or (6) Fraudulently represented himself or herself as a therapeutic recreation professional or technician under cover of any diploma, license, or record unlawfully or fraudulently obtained, signed, or issued. Section 10. Said chapter is further amended by striking subsection (b) of Code Section 43-41-18, relating to temporary licenses and permits, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) A temporary permit to practice as a therapeutic recreationist within this state may be granted in accordance with the provisions of the rules and regulations of the board. Section 11. Said chapter is further amended by striking paragraph (6) of Code Section 43-41-19, relating to exceptions from chapter, in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) Activity directors in skilled and intermediate care nursing homes or any combination of the two. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. COUNTIES REAL PROPERTY; PRIVATE SALE. Code Section 36-9-3 Amended. No. 730 (House Bill No. 538). AN ACT To amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedures for the sale or disposition of county real property generally, so as to allow a private sale at fair market value of tracts of land containing less than 20,000 square feet; to provide for notice of intent to make such sales; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedures for the sale or disposition

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of county real property generally, is amended by adding at the end thereof a new subsection, to be designated subsection (d), to read as follows: (d) Notwithstanding subsection (a) of this Code section, where the governing authority has, prior to March 1, 1987, approved and recommended the sale or disposal of county owned real property containing an area of less than 20,000 square feet, the governing authority shall have the right to negotiate and consummate a private sale of such property, provided such sale is for at least the fair market value of the property. Notice of the intention of the county governing authority to make a private sale shall be published once a week for four weeks in the official organ of the county. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. ANATOMICAL GIFTS ORGAN PROCUREMENT AGENCIES; DEFINITIONS; PREFERENCES FOR RECIPIENTS WHO ARE GEORGIA RESIDENTS; ADVISORY BOARD ON ANATOMICAL GIFT PROCUREMENT. Code Sections 44-5-142, 44-5-143, and 44-5-143.1 Amended. Code Sections 44-5-149 and 44-5-150 Enacted. No. 731 (House Bill No. 541). AN ACT To amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), so as to change certain definitions; to provide a definition of organ procurement agency; to provide for preferences for recipients

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of anatomical gifts who are residents of this state under certain conditions; to create the Advisory Board on Anatomical Gift Procurement; to provide for the composition of the board; to provide for terms and allowances of members; to provide powers and duties of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), is amended by striking in its entirety paragraph (1) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, and inserting in its place a new paragraph (1) to read as follows: (1) `Bank or storage facility' means a tissue bank or eye bank licensed or approved by the State of Georgia and also means an organ procurement agency or other facilities for the storage of human bodies or parts thereof in this state. Section 2. Said article is further amended by inserting immediately following paragraph (4) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, a new paragraph, to be designated paragraph (4.5), to read as follows: (4.5) `Organ procurement agency' means an organization located in the State of Georgia that is designated by the Health Care Financing Administration of the federal Department of Health and Human Services under the end stage renal disease facility regulations to perform or coordinate the performance of all of the following services: (A) Procurement of donated kidneys; (B) Preservation of donated kidneys; (C) Transportation of donated kidneys; and (D) Maintenance of a system to locate prospective recipients of procured organs.

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An organ procurement agency may also perform these services for extrarenal vital organs and includes any organization certified by the federal Department of Health and Human Services as an organ procurement agency. Section 3. Said article is further amended by striking in their entirety Code Section 44-5-143, relating to adult decedents who may make anatomical gifts, and Code Section 44-5-143.1, relating to anatomical gifts of minor decedents, and inserting in their place new Code Sections 44-5-143 and 44-5-143.1 to read as follows: 44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or (6) Any other person authorized or under obligation to dispose of the body. (c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this

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purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the purpose the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code section.

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(i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association. (j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the donee shall give preference to potential recipients of that donation who are residents of this state if: (1) The donation is medically acceptable to the potential recipients who are residents of this state; (2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and (3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state. 44-5-143.1. (a) The parents, legal guardian, or other person authorized under subsection (b) of this Code section may, unless otherwise directed by a will, give all or any part of the body of a person who is under 18 years of age for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated,

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give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144: (1) Both parents; (2) If both parents are not readily available and no contrary indications of the absent parent are known, one parent; (3) If the parents are divorced or legally separated, the custodial parent; (4) In the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent; (5) If there are no parents, the legal guardian; or (6) Any other person authorized or obligated to dispose of the body. (c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person

Page 1107

to any hospital, at his request, the hospital shall record in a book kept for the purpose of the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code Section. (i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association. (j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the donee shall give preference to potential recipients of that donation who are residents of this state if:

Page 1108

(1) The donation is medically acceptable to the potential recipients who are residents of this state; (2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and (3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state. Section 4. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Section 44-5-149 and Code Section 44-5-150, to read as follows: 44-5-149. (a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons: (1) The Governor shall appoint: (A) One representative of an eye bank; (B) One representative of a tissue bank; (C) One representative of a bone bank; (D) One representative of an organ procurement agency; (E) One representative of hospitals in this state; (F) One representative of the medical profession in this state; (G) One representative of the Department of Human Resources; (H) One representative of the Department of Medical Assistance; and (I) One representative of the Health Planning Agency;

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(2) The Speaker of the House of Representatives shall appoint three members of the House of Representatives; and (3) The President of the Senate shall appoint three members of the Senate. (b) Each person shall be appointed for a term of two years. Legislative members shall be appointed for a term concurrent with a term of office. (c) The advisory board shall select a chairman and such other officers as it deems necessary and is empowered to make such rules for governing of the affairs of the board as it deems appropriate. The board shall meet on the call of the chairman. (d) The members of the board shall receive no compensation. Members appointed under paragraphs (2) and (3) of subsection (a) of this Code section shall receive the allowances authorized for legislative members of interim legislative committees for each day of attendance upon the business of the board. 44-5-150. The Advisory Board on Anatomical Gift Procurement shall: (1) Consult with, advise, and lend expertise to the Department of Human Resources in the implementation and administration of rules and regulations regarding this article; (2) Identify areas of need in supply and demand for human organs and tissues in this state and encourage the cooperation of banks and storage facilities under this article in meeting such needs; (3) Encourage and recommend the implementation of a formal policy in this state to foster a state-wide network maintained by banks and storage facilities regarding coverage of hospitals and other facilities to assure that anatomical gifts are requested and procured; (4) Negotiate and recommend for adoption by the department agreements with other states and with banks

Page 1110

and storage facilities of other states, whether through protocols, compacts, or other agreements, and cooperation and reciprocity provisions in the interstate procurement of anatomical gifts; (5) Recommend solutions and actions relative to participation in a national network of anatomical gift sharing; (6) Encourage improved public education and awareness regarding anatomical gifts; and (7) Report biennially to the Governor, the Health and Ecology Committee of the House of Representatives, and the Human Resources Committee of the Senate regarding the progress and actions of the advisory board. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. WORKERS' COMPENSATION INDEPENDENT CONTRACTORS; EXCLUSION FROM COVERAGE; GROUP SELF-INSURANCE FUNDS; EMPLOYEES OF TRADE OR PROFESSIONAL ASSOCIATIONS. Code Sections 34-9-1 and 34-9-151 Amended. No. 732 (House Bill No. 557). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to exclude from the definition of the term employee certain independent contractors; to thereby provide for the inapplicability of the workers'

Page 1111

compensation law to such independent contractors; to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions concerning workers' compensation, and inserting in its place a new paragraph (2) to read as follows: (2) `Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer fire-fighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or

Page 1112

municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows: (10) `Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. `Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. NOTARIES PUBLIC CERTIFICATION NOT EVIDENCE TO SHOW KNOWLEDGE OF CONTENTS OF DOCUMENT. Code Section 45-17-8 Amended. No. 733 (House Bill No. 618). AN ACT To amend Code Section 45-17-8 of the Official Code of Georgia Annotated, relating to powers and duties of notaries public, so as to provide that the certification or signature of a notary public shall not be evidence to show that the notary public had knowledge of the contents of the document certified or signed, with certain exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-17-8 of the Official Code of Georgia Annotated, relating to powers and duties of notaries public, is amended by adding at the end thereof a new subsection to read as follows: (f) The signature of a notary public documenting a notarial act shall not be evidence to show that such notary public had knowledge of the contents of the document so signed, other than those specific contents which constitute the signature, execution, acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature of that notary public documents, nor is a certification by a notary

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public that a document is a certified or true copy of an original document evidence to show that such notary public had knowledge of the contents of the document so certified. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. DOMESTIC RELATIONS CHILD SUPPORT; RECOVERY; DEPARTMENT OF HUMAN RESOURCES; REQUEST FOR INFORMATION FROM STATE OR LOCAL AGENCIES OR PRIVATE EMPLOYERS. Code Section 19-11-9.1 Enacted. 1987 Act No. 163; H.B. 302 Amended. No. 734 (House Bill No. 625). AN ACT To amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, so as to authorize the Department of Human Resources to request from certain state or local agencies or private employers certain information regarding persons owing or allegedly owing child support; to provide for limitations on the distribution of such information; to amend an Act approved March 9, 1987 (1987 Act No. 163; H.B. 302), which Act amends Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, by extensively revising provisions relating to enforcement and collection of child support and alimony, so as to change provisions relating to the effective date and applicability of certain provisions of said Act; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, is amended by adding a new Code section immediately following Code Section 19-11-9, to be designated Code Section 19-11-9.1, to read as follows: 19-11-9.1. Any state or local agency or private employer of this state, upon the request of the department shall provide the department with information regarding the name, address, and social security number of a person owing or allegedly owing an obligation of support for a dependent child. The department upon receipt of this information may make it available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Section 2. An Act approved March 9, 1987 (1987 Act No. 163, H.B. 302), which Act amends Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, by extensively revising provisions relating to enforcement and collection of child support and alimony, is amended by striking Section 5 which reads as follows: Section 5. This Act shall become effective on July 1, 1987. Section 1 of this Act shall apply with respect to divorce decrees entered on or after that date. Section 2 of this Act shall apply to process served on or after that date in both pending and new proceedings., and inserting in its place a new Section 5 to read as follows: Section 5. This Act shall become effective July 1, 1987. Section 1 of this Act shall apply to process served on or after that date in both pending and new proceedings. Section 3. Section 1 of this Act shall become effective July 1, 1987, and the remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT DEFINITIONS; OPERATION, MAINTENANCE, OR USE OF A MOTOR VEHICLE. Code Section 33-34-2 Amended. No. 735 (House Bill No. 726). AN ACT To amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Georgia Motor Vehicle Accident Reparations Act, so as to redefine what shall be considered as the operation, maintenance, or use of a motor vehicle; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Georgia Motor Vehicle Accident Reparations Act, is amended by striking paragraph (9) in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows: (9) `Operation, maintenance, or use of a motor vehicle' means operation, maintenance, or use of a motor vehicle as a vehicle. The term does not include the following: (A) Repairing, servicing, or otherwise maintaining a motor vehicle by any person acting within the course of his employment in any business on the premises of such business unless such person is actually driving the motor vehicle; or (B) Loading or unloading a motor vehicle by any person acting within the course of his employment in any business. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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JEKYLL ISLANDSTATE PARK AUTHORITY ORDINANCE VIOLATIONS; PROSECUTIONS; GLYNN COUNTY; MAGISTRATE, STATE, AND SUPERIOR COURTS; JURISDICTION. Code Section 12-3-236.1 Amended. No. 736 (House Bill No. 741). AN ACT To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the Jekyll IslandState Park Authority Act, so as to provide that prosecutions for violations of ordinances of the Jekyll IslandState Park Authority shall be upon citation or upon accusation; to provide that the prosecution, trial, and punishment for violations of such ordinances shall be governed by certain provisions of Article 4 of Chapter 10 of Title 15; to provide that the several courts of Glynn County shall have jurisdiction to hear, try, and review cases involving violations of such ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the Jekyll IslandState Park Authority Act, is amended by striking in its entirety Code Section 12-3-236.1, relating to the adoption and enforcement of ordinances and resolutions, and inserting in lieu thereof a new Code Section 12-3-236.1 to read as follows: 12-3-236.1. (a) The authority shall have legislative power to adopt reasonable ordinances and resolutions relating to the property, affairs, and government of Jekyll Island, including, without limitation, ordinances and resolutions adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372, for

Page 1118

which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of Georgia. Such ordinances and resolutions shall be enforced by the authority and members of the Uniform Division of the Department of Public Safety. Members of the Uniform Division of the Department of Public Safety are authorized to serve and execute warrants and to make arrests for violation of such ordinances and resolutions and shall, upon and within the limits of Jekyll Island, have the same authority, powers, and privileges regarding enforcement of law as the several sheriffs of this state, which authority, powers, and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as provided by law. Prosecutions for violations of the ordinances of the authority shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63. (b) For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the authority and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more violations of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of Glynn County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION STUDENT; ELIGIBLE STUDENT; DEFINITIONS. Code Section 20-3-266 Amended. No. 737 (House Bill No. 809). AN ACT To amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corporation, so as to authorize the corporation to broaden the definition of the terms student and eligible student; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corporation, is amended by striking subparagraph (Y) of paragraph (1) and substituting in lieu thereof a new subparagraph (Y) to read as follows: (Y) To restrict or broaden definitions and provisions contained in this part and the federal act, consistent, however, with limitations imposed by the federal act. By reason of legislative intent expressed in Code Section 7-1-625, the corporation is authorized, notwithstanding other provisions of this part, to broaden the terms `student' and `eligible student,'

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as defined in paragraph (21) of Code Section 20-3-262, to include a student who is not a resident of this state, provided the participating lender is actively making loans under this part to residents of this state, but no state appropriated funds shall be expended relative to loans made to such a student or to the parent of such a student for the purposes prescribed in subparagraph (E) of this paragraph and in Code Sections 20-3-273 and 20-3-274;. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987. POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 POSTSECONDARY DEGREE-GRANTING NONPUBLIC COLLEGES OR UNIVERSITIES; REGULATION; CERTIFICATES; DEGREES; DIPLOMAS; TELECOMMUNICATIONS OR ELECTRONIC MEDIA TECHNOLOGY. Code Sections 20-3-101 through 20-3-106 and 20-3-117 Amended. No. 738 (House Bill No. 815). AN ACT To amend Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the Postsecondary Educational Authorization Act of 1978, so as to change the provisions relating to definitions, exemptions, annual reports, standards for institutions and agents, prohibited acts, and authorizations to operate; to change the provisions relating to the jurisdiction of courts; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the Postsecondary Educational Authorization Act of 1978, is amended by striking Code Section 20-3-101, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 20-3-101 to read as follows: 20-3-101. As used in this article, the term: (1) `Agent' means any person owning any interest in, employed by, or representing for remuneration a postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this state as representing a postsecondary educational institution for any such purpose. (2) `Agent's permit' means a nontransferable written authorization issued to a natural person by the state board which allows that person to solicit or enroll any resident of this state for education in a postsecondary educational institution. (3) `Authorization to operate,' or like term, means approval of the state board to operate or to contract to operate a postsecondary educational institution in this state or to conduct postsecondary degree activities. (4) `Education' or `educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, or study. (5) `Educational credentials' means degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion

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of the requirements or prerequisites for education at a postsecondary educational institution. (6) `Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, and trust. (7) `Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary institution legally operating in another state or nation that conducts postsecondary degree activities in Georgia or offers postsecondary instruction leading to a postsecondary degree granted to Georgia residents from a location outside Georgia by correspondence or any telecommunications or electronic media technology. (8) `Postsecondary degree' means a credential conferring on the recipient thereof the title of `Associate,' `Bachelor,' `Master,' or `Doctor,' or an equivalent title, signifying educational attainment based on: (1) study, (2) a substitute for study in the form of equivalent experience or achievement testing, or (3) a combination of the foregoing, provided that, `postsecondary degree' shall not include any honorary degree or other so-called `unearned' degree. (9) `Postsecondary degree activity' means awarding a postsecondary degree or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded thereof, at least in part, a postsecondary degree. (10) `Postsecondary educational institution' means a postsecondary degree-granting nonpublic college or university offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, corporation,

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school, or consortium of colleges and universities that engages in, purports to engage in, or intends to engage in any type of postsecondary degree activity. (11) `State board' means the State Board of Education. (12) `Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format. (13) `To grant' means awarding, selling, conferring, bestowing, or giving. (14) `To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described. (15) `To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted, and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary degree activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology. Section 2. Said article is further amended by striking paragraphs (6) and (7) of Code Section 20-3-102, relating to exemptions from article, in their entirety and substituting in lieu thereof new paragraphs (6) through (10) to read as follows: (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate to the satisfaction of the state board that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related work; (7) Any nonpublic, nonprofit college or university whose principal office and campus are located in this state and

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their related graduate and professional programs, which have been in existence 20 or more years prior to July 1, 1987, and have been recognized for 15 or more years prior to July 1, 1987, by a national or regional accrediting agency recognized by the United States Department of Education; (8) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools; (9) Nonpublic postsecondary educational institutions conducting postsecondary degree activity on the premises of military installations located in this state which are solely for military personnel or their dependents stationed on active duty at such military installations; and (10) Nonpublic postsecondary educational institutions which are subject to regulations and standards established by one of the professional examining boards of the office of the Secretary of State. Section 3. Said article is further amended by striking paragraph (10) of Code Section 20-3-103, relating to powers and duties of the State Board of Education in administering article, in its entirety and substituting in lieu thereof a new paragraph (10) to read as follows: (10) To submit to the House University System of Georgia Committee, to the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the state board in regard to its responsibilities, activities, and supervision of this article. Section 4. Said article is further amended by striking Code Section 20-3-104, relating to minimum standards for institutions, in its entirety and substituting in lieu thereof a new Code Section 20-3-104 to read as follows: 20-3-104. In establishing the criteria required by paragraph (1) of subsection (b) of Code Section 20-3-103, the state board shall observe and shall require compliance with the following minimum standards:

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(1) A postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated, in compliance with the following minimum standards: (A) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered; (B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality; (C) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study; (D) That the institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the state board or defined in the rules and regulations; and that such information is provided to prospective students prior to enrollment; (E) That upon satisfactory completion of training the student is given appropriate educational credentials by such institution, indicating that such course or courses of instruction or study have been satisfactorily completed by said student; (F) That adequate records are maintained by the institution to show attendance, progress, or grades;

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and that satisfactory standards are enforced relating to attendance, progress, and performance; (G) That the institution is maintained and operated in compliance with all pertinent ordinances and laws, including rules and regulations adopted pursuant thereto, relative to the safety and health of all persons upon the premises; (H) That the institution is financially sound and capable of fulfilling its commitments to students; (I) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair; (J) That the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors are of good reputation and character; (K) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate; and (L) That the institution has a fair and equitable cancellation and refund policy; and (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a postsecondary educational institution or institutions which meet the minimum standards established in this Code section and the criteria established under Code Section 20-3-103. Section 5. Said article is further amended by striking Code Section 20-3-105, relating to prohibited acts, in its entirety and substituting in lieu thereof a new Code Section 20-3-105 to read as follows: 20-3-105. (a) Except for the purpose of making the necessary preparations for the implementation of this article, no person, agent, group, or entity of whatever kind, alone or in concert with others, shall:

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(1) Operate in this state a postsecondary educational institution or conduct postsecondary activities in this state or offer postsecondary instruction leading to a postsecondary degree to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization; (2) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this article, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this article; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this article; but the state board may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit; (3) Instruct or education, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-104, the criteria established by the state board pursuant to paragraph (1) of subsection (b) of Code Section 20-3-103, and the rules and regulations adopted by the state board pursuant to paragraph (6) of subsection (b) of Code Section 20-3-103; (4) Use the term `university' or `college' without authorization to do so from the state board; (5) Grant, or offer to grant, postsecondary degrees without authorization to do so from the state board; or (6) Grant honorary or unearned degrees.

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(b) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate. (c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary degree or certification of degree or degree credit including, but not limited to, a transcript of coursework, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered. Section 6. Said article is further amended by striking subsections (a) and (g) of Code Section 20-3-106, relating to authorization to operate institutions, in their entirety and substituting in lieu thereof new subsections (a) and (g), respectively, to read as follows: (a) Each postsecondary educational institution desiring to operate or conduct postsecondary degree activities in this state shall make application to the state board, upon forms to be provided by the state board. Such application shall be accompanied by a catalog or brochure published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(1)(D) of Code Section 20-3-104, including information required by rules and regulations of the state board. Such application shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-108 and payment of the fees specified in Code Section 20-3-109. (g) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary degree activities until receipt of authorization. An institution in operation when its application for authorization to operate is filed may continue operation until its application is acted upon by the state board, and thereupon its authority to operate shall be governed by the action of the state board. In any event, the state board may issue provisional authorization to operate, containing such limitations as to time, procedures, functions, or other conditions as the state board may deem necessary.

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Section 7. Said article is further amended by striking Code Section 20-3-117, relating to the jurisdiction of courts, in its entirety and substituting in lieu thereof a new Code Section 20-3-117 to read as follows: 20-3-117. Any postsecondary educational institution not exempt from this article, whether or not a resident of or having a place of business in this state, which conducts postsecondary degree activities or which instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether such instruction or services are provided in person or by correspondence or by telecommunications or electronic media technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this article by injunction pursuant to Code Section 20-3-116. Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by Chapter 11 of Title 9, the `Georgia Civil Practice Act,' with the same force and effect as if the summons had been personally served within this state. Nothing contained in this Code section shall limit or affect the right to serve any process as prescribed by Chapter 11 of Title 9. Section 8. This Act shall become effective on July 1, 1988, except that this Act shall be effective on July 1, 1987, for the administrative purpose of enabling the State Board of Education to prepare for the implementation of the provisions of this Act on July 1, 1988. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1987.

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KNOBBED WHELK DESIGNATION AS THE OFFICIAL STATE SEASHELL. No. 42 (House Resolution No. 130). A RESOLUTION Designating the Knobbed Whelk as the official state seashell; and for other purposes. WHEREAS, this state has many official symbols but does not yet have a state seashell; and WHEREAS, Busycon carica , commonly known as the Knobbed Whelk, is found naturally in the coastal waters of Georgia; and WHEREAS, this beautiful shell is commonly found all along Georgia's shoreline; and WHEREAS, this shell is an attractive, whorled shell with heavy spines and many knobs and has a semiglossy surface characterized by ocher striations resulting from the minerals present in the coastal waters of Georgia and an orange to red mouth; and WHEREAS, the Knobbed Whelk is approximately eight inches long when fully mature and is found from the shoreline to 30 feet of water; and WHEREAS, designating a state seashell will encourage citizens of the state and visitors alike to visit the beautiful beaches and coastal waters of the state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Knobbed Whelk, Busycon carica , is designated as the official Georgia seashell. Approved April 16, 1987.

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PHARMACISTS GENERIC DRUG SUBSTITUTIONS; PHARMACEUTICALLY EQUIVALENT REDEFINED; PRESCRIPTION FORMS. Code Sections 26-4-80 and 26-4-83 Amended. No. 739 (Senate Bill No. 289). AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relating to substituting generic drugs; to eliminate two-line prescription forms; to allow for generic substitution by a licensed pharmacist when the prescriber does not designate brand necessary on a prescription form; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (3) of Code Section 26-4-80, regarding definitions relating to substituting generic drugs, and inserting in its place a new paragraph to read as follows: (3) `Pharmaceutically equivalent' means drug products that contain identical amounts of the identical active drug ingredient, in identical dosage forms, but not necessarily containing the same inactive ingredients. Section 2. Said chapter is further amended by striking subsection (b) of Code Section 26-4-83 of the Official Code of Georgia Annotated, relating to limitations upon generic drug substitutions, which reads as follows: (b) A practitioner of the healing arts shall instruct the pharmacist whether or not a generic name drug product may be substituted for the said practitioner's prescribed brand name drug product.,

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and inserting in its place a new subsection to read as follows: (b) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words `brand necessary' in the body of the prescription. Such indication of `brand necessary' must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. Section 3. Said chapter is further amended by striking from said Code section subsection (c) thereof, which reads as follows: (c) Every prescription written in this state by a licensed practitioner of the healing arts shall be on a prescription form containing two lines for the practitioner's signature. Alongside the first signature line shall be clearly printed the words `Generic Substitution Permitted'; immediately below the first signature line and alongside the second signature line shall be clearly printed the words `Dispense as Written.' Any person using prescription forms to prescribe dangerous drugs, which forms do not comply with the requirements of this subsection, shall be guilty of a misdemeanor. Section 4. This Act shall become effective October 1, 1987. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987.

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CHILD ABUSE AND NEGLECT PREVENTION ACT ENACTMENT; STATE CHILDREN'S TRUST FUND; COMMISSION; APPROPRIATIONS; FEES IN DIVORCE CASES; MARRIAGE LICENSE FEES. Code Sections 15-6-77.4, 15-9-60.1, and 19-14-1 through 19-14-23 Enacted. No. 740 (Senate Bill No. 159). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation; to require the Department of Human Resources to develop criteria for determining eligibility for funds to be used for child abuse and neglect prevention; to provide for the appropriation of funds to and the disbursement of funds from the State Children's Trust Fund for child abuse and neglect prevention programs; to provide for grants to private nonprofit or public organizations; to require such organizations to meet certain criteria; to provide for administration of the State Children's Trust Fund by the director of the Fiscal Division of the Department of Administrative Services; to provide for the investment of trust fund money; to provide that an amount equal to certain collections shall be appropriated to the State Children's Trust Fund; to provide for disbursement of trust fund money; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide an additional fee in divorce cases; to provide for the disposition of such fees; to provide a penalty for the delinquent remission of moneys; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of probate judges, so as to provide an additional fee for issuing a marriage license; to provide for the disposition of such fees; to provide a penalty for delinquent remission of moneys; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding at the end thereof a new Chapter 14 to read as follows: CHAPTER 14 ARTICLE 1 19-14-1. This chapter shall be known and may be cited as the `Child Abuse and Neglect Prevention Act.' 19-14-2. As used in this chapter, the term: (1) `Child' means a person under 18 years of age. (2) `Child abuse' means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury or the commission of a crime involving physical or sexual abuse of a child. (3) `Commission' means the State Children's Trust Fund Commission created in Code Section 19-14-3. (4) `Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. (5) `Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect. (6) `Trust fund' means the State Children's Trust Fund established in Code Section 19-14-20. 19-14-3. (a) There is established the State Children's Trust Fund Commission which is assigned to the Department

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of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) The State Children's Trust Fund Commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees may be appointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual professions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services. (c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (d) The initial terms for all members shall begin September 1, 1987. (e) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. (f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (g) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. Such personnel may be members of the classified service of

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the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2. 19-14-4. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the trust fund. 19-14-5. (a) The commission shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes; (5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and (6) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable.

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19-14-6. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services. 19-14-7. The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the trust fund to be disbursed as other moneys in such trust fund. 19-14-8. The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund. 19-14-9. (a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department of Human Resources for exclusively the following purposes, which are listed in the order of preference for expenditure: (1) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met: (A) The organization demonstrates a broadbased community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse prevention issues; (B) The organization demonstrates an ability to match, through money or in-kind services, 50 percent

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of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission; (C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (D) Other conditions that the commission may deem appropriate; (2) To fund services or facilities connected with child abuse and neglect prevention; and (3) To fund the commission created in Code Section 19-14-3 for the actual and necessary operating expenses that the commission incurs in performing its duties. (b) Authorizations for disbursement of trust fund money under paragraph (3) of subsection (a) of this Code section shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under paragraphs (1) and (2) of subsection (a) of this Code section to encourage the direct provision of services to prevent child abuse and neglect. (c) No funds shall be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the commission has not recommended for a grant. (d) Notwithstanding any other provisions of this chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1988, except to pay operating expenses of the commission pursuant to paragraph (3) of subsection (a) of this Code section. ARTICLE 2 19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter.

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19-14-21. (a) The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (b) An amount equal to all funds paid into the general treasury pursuant to Code Sections 15-6-77.4 and 15-9-60.1 in the immediately preceding year shall be appropriated to the State Children's Trust Fund to implement and carry out the provisions of this chapter. This subsection shall be subject to the normal appropriation process. 19-14-22. The director of the Fiscal Division of the Department of Administrative Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. 19-14-23. After determining that a disbursement should be made pursuant to Code Section 19-14-9 and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Fiscal Division of the Department of Administrative Services, which shall be authorized to draw a warrant or warrants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund. Section 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding between Code Sections 15-6-77.3 and 15-6-78 a new Code Section 15-6-77.4 to read as follows: 15-6-77.4 (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, and 15-6-77.3 and Code Section 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into

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the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter. (b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Section 3. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of probate judges, is amended by adding between Code Sections 15-9-60 and 15-9-61 a new Code Section 15-9-60.1 to read as follows: 15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 nor be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter. (b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within

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60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Section 4. The purpose of this Act is to implement the amendment to the Constitution authorizing the creation of a State Children's Trust Fund (Ga. L. 1986, p. 1631). Section 5. The provisions of this Act shall become effective on July 1, 1987. Section 6. This Act shall be repealed in its entirety effective July 1, 1995. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. LAW ENFORCEMENT OFFICERS AND AGENCIESPEACE OFFICER STANDARDS AND TRAINING ACT; RETIRED FEDERAL LAW ENFORCEMENT OFFICERS. Code Section 35-8-2 Amended. No. 741 (House Bill No. 416). AN ACT To amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to redefine retired peace officers to include certain law enforcement officers who have retired

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from service with the United States government; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, is amended by striking paragraph (9) and inserting in its place a new paragraph (9) to read as follows: (9) `Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the United States government, the state, or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. A `retired peace officer' may be certified or registered upon voluntarily complying with the certification or registration provisions of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. RURAL ECONOMIC DEVELOPMENT LAW ENACTMENT; AREA PLANNING AND DEVELOPMENT COMMISSIONS; STUDIES; PROJECTS; DEPARTMENT OF COMMUNITY AFFAIRS; FUNDS. Code Sections 50-8-120 through 50-8-123 Enacted. No. 742 (Senate Bill No. 191). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs

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and area planning and development commissions, so as to provide for a program of rural economic development; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and development commissions, is amended by adding at the end thereof a new Article 5 to read as follows: ARTICLE 5 50-8-120. This article shall be known and may be cited as the `Rural Economic Development Law.' 50-8-121. Each area planning and development commission of this state, except the metropolitan area planning and development commission provided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article. 50-8-122. (a) The area planning and development commission of each rural economic development area provided for in Code Section 50-8-121 may conduct a study for proposed major economic development projects within its respective rural economic development area. The study shall utilize the most recent economic information available. (b) The proposed economic development projects must have a major impact on the economy of the area and particularly on the counties within each such area which have a per capita income of less than 70 percent of the United States average or a level of unemployment which is 35 percent or more higher than the state average. (c) Funds for studies provided for in this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. The department, in consultation with state agencies, local governments,

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area planning and development commissions, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guidelines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs. 50-8-123. (a) Each rural economic development area may submit to the Department of Community Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consultation with state agencies, local governments, area planning and development commissions, local development organizations, and others. Such criteria shall be approved by the Board of Community Affairs. (b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects approved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, area planning and development commissions, local governments, local development organizations, and other agencies or organizations receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article. (c) The funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987.

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BRUNSWICK JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 743 (House Bill No. 271). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the place for which he is running; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; 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 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, is amended by striking paragraph (7) and inserting in its place a new paragraph to read as follows: (7) Brunswick Circuit 4. Section 2. One additional judge of the superior courts is added to the Brunswick Judicial Circuit, thereby increasing to four the number of judges of said circuit. Section 3. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his appointment

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and continuing through December 31, 1988, and until his successor is elected and qualified; such judge shall take office on the date of his appointment by the Governor. His successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1988, for a term of four years beginning on the first day of January, 1989, and until his successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state. Section 4. Every person who offers for nomination and election as one of the judges of said superior courts of the Brunswick Judicial Circuit of Georgia shall designate with the proper authority in all elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed; and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 5. The additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Brunswick Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 6. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges; and his compensation, salary, and expense allowance shall be the same as that of the other judges of the superior courts of the Brunswick Judicial Circuit. Section 7. All writs and processes in the superior courts of the Brunswick Judicial Circuit shall be returnable to the

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terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law; and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 8. The four judges of the superior courts of the Brunswick Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement among said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The four judges of the superior courts of the Brunswick Judicial Circuit shall have, and they are clothed with, full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one of the other judges; and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Section 9. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by each of the judges

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of the superior courts of said circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. Section 10. The four judges of the Brunswick Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Brunswick Judicial Circuit may bear teste in the name of any judge of the Brunswick Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 12. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Brunswick Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such. Section 13. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987.

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DIETITIANS AND DIETETIC COUNSELORS LICENSES; EXAMINATIONS; INTERNSHIP. Code Sections 43-11A-3 and 43-11A-9 Amended. Code Section 43-11A-20 Repealed. No. 744 (House Bill No. 38). AN ACT To amend Chapter 11A of Title 43 of the Official Code of Georgia Annotated, relating to dietitians and dietetic counselors, so as to change the provisions relating to definitions; to change the provisions relating to the granting of license without examination; to change the provisions relating to license requirements; to delete the provisions relating to exception from internship requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11A of Title 43 of the Official Code of Georgia Annotated, relating to dietitians and dietetic counselors, is amended by adding after paragraph (4) of Code Section 43-11A-3, relating to definitions, a new paragraph to read as follows: (4.1) `Dietetic practice' means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences to achieve and maintain the health of people. Section 2. Said chapter is further amended by striking Code Section 43-11A-8, relating to granting of license without examination, and inserting in its place a new Code section to read as follows: 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either: (1) Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable

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to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the board that the applicant is registered by the Commission on Dietetic Registration of the American Dietetic Association or its predecessor or successor organization. Section 3. Said chapter is further amended by striking Code Section 43-11A-9, relating to license requirements, and inserting in its place a new Code section to read as follows: 43-11A-9. Each applicant for a license as a licensed dietitian shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has: (A) A baccalaureate degree from a regionally accredited college or university with a major in nutrition, foods and nutrition, dietetics, food systems, or institutional management followed by an internship or equivalent supervised experience approved by the board and approved or accredited by the American Dietetic Association or its successor organization; (B) A baccalaureate degree from an American Dietetic Association approved or accredited coordinated undergraduate program in dietetics which combines clinical and didactic learning experiences; (C) A master's degree from a regionally accredited college or university in nutrition, dietetics, food systems, or institutional management in conjunction with six months' participation in an approved program of professionally supervised dietetic counseling or

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such other equivalent qualifying experience as the board by rule or regulation may establish; (D) A master's degree from a regionally accredited college or university with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule or regulation; a professional school lunch certificate issued by the Georgia Department of Education; and has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; or (E) A doctoral degree from a regionally accredited college or university in nutrition, dietetics, or biochemistry with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule and regulation; has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; and is currently involved in dietetic counseling services through practice, teaching, or research related to nutritional care throughout the life cycle; (5) Has successfully passed an examination as required by Code Section 43-11A-13; and (6) Has met such other requirements as may be prescribed by the board. Section 4. Said chapter is further amended by striking Code section 43-11A-10, relating to exception from internship requirements, in its entirety and inserting in its place the following: 43-11A-10. Reserved. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. TORTS PRODUCT LIABILITY; PRODUCT SELLERS NOT LIABLE AS MANUFACTURERS. Code Section 51-1-11.1 Enacted. No. 745 (Senate Bill No. 140). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to define a certain term; to provide that a product seller is not liable as a manufacturer in any product liability action based in whole or in part on the doctrine of strict liability in tort; to provide for interpretation; to provide for applicability with respect to certain causes of action; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by inserting immediately following Code Section 51-1-11 a new Code section, to be designated Code Section 51-1-11.1, to read as follows: 51-1-11.1. (a) As used in this Code section, the term `product seller' means a person who, in the course of a business conducted for the purpose leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufacturer's plan, intention, design,

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specifications, or formulation; or repairs; maintains; or otherwise is involved in placing a product in the stream of commerce. This definition does not include a manufacturer which, because of certain activities, may additionally be included within all or a portion of the definition of a product seller. (b) For purposes of a product liability action based in whole or in part on the doctrine of strict liability in tort, a product seller is not a manufacturer as provided in Code Section 51-1-11 and is not liable as such. (c) Nothing contained in this Code section shall be construed to grant a cause of action in strict liability in tort or any other legal theory or to affect the right of any person to seek and obtain indemnity or contribution. (d) This Code section shall apply to all causes of action accruing on or after July 1, 1987. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. MUNICIPAL COURTS JURISDICTION IN CASES OF SHOPLIFTING PROPERTY VALUED AT $100.00 OR LESS. Code Section 36-32-9 Enacted. No. 746 (House Bill No. 265). AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts, so as to grant such courts jurisdiction to try and dispose of certain cases in which persons are charged with shoplifting any property

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valued at $100.00 or less; to provide for transfer of cases; to provide for limits on penalties; to provide for retention of fines and forfeitures; to provide for required reports to the Georgia Crime Information Center; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows: 36-32-9. (a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first or second offense of theft by shoplifting when the property which was the subject of the theft was valued at $100.00 or less, if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any defendant charged in a municipal court with a first or second offense of theft by shoplifting property valued at $100.00 or less shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (c) A person convicted in a municipal court of a first or second offense of theft by shoplifting property valued at $100.00 or less shall be punished as provided in paragraph (1) of subsection (b) of Code Section 16-8-14, provided that nothing in this Code section or Code Section 16-8-14 shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter. (d) Any fines and forfeitures arising from the prosecution of such cases in such municipal court shall be retained by the municipality and shall be paid into the treasury of such municipality.

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(e) It shall be the duty of the appropriate agencies of the municipality in which an offense under subsection (a) of this Code section is charged to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. EVIDENCE HUSBAND AND WIFE COMPETENT AND COMPELLABLE TO GIVE EVIDENCE IN CASES OF CRIMES AGAINST THE PERSON OF A MINOR CHILD. Code Section 24-9-23 Amended. No. 747 (Senate Bill No. 34). AN ACT To amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence; to limit such evidence; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications

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of witnesses generally, is amended by striking Code Section 24-9-23, relating to the giving of evidence of a husband and wife in criminal proceedings, and inserting in its place a new Code Section 24-9-23 to read as follows: 24-9-23. (a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other. (b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a minor child, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. LABOR AND INDUSTRIAL RELATIONS EMPLOYEES ABSENT WHILE ATTENDING JUDICIAL PROCEEDINGS; DISCIPLINE PROHIBITED; CIVIL CAUSE OF ACTION; DAMAGES; CONTEMPT OF COURT. Code Section 15-1-4 Amended. Code Section 34-1-3 Enacted. No. 748 (Senate Bill No. 41). AN ACT To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or

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the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding; to provide that it shall be unlawful to threaten to take or communicate an intention of taking any such unlawful action; to provide a civil cause of action for violations; to provide for damages; to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt power of courts, so as to provide that such unlawful actions shall constitute contempt of court; to provide that this Act shall not apply to an employee charged with a crime and to allow an employer to require notification; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, is amended by adding a new Code Section 34-1-3 to read as follows: 34-1-3. (a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful for any employer or the agent of such employer to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection. (b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured employee for all actual damages thereby suffered by the employee and for reasonable attorney's fees incurred by the employee in asserting a successful claim under this Code section.

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Section 2. Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt power of courts, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) The powers of the several courts to issue attachments and inflict summary punishment for contempt of court shall extend only to cases of: (1) Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of the officers of the courts in their official transactions; (3) Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts; and (4) Violation of subsection (a) of Code Section 34-1-3, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceedings. (b) This Act shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee's expected absence or delay in reporting to work in order to attend a judicial proceeding. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987.

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TELEPHONES AUTOMATIC TELEPHONE DIALING AND ANNOUNCING EQUIPMENT; REGULATION; USE; CONSENT; RECORDS; PERMITS. Code Section 46-5-23 Enacted. No. 749 (House Bill No. 43). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to regulate the use of automatic telephone dialing and announcing equipment for certain purposes; to define a certain term; to provide that certain uses or contracting for certain uses of automatic telephone dialing and announcing equipment is unlawful; to require the furnishing of certain information in connection with telephone calls made through the use of automatic telephone dialing and announcing equipment; to prohibit the connection or use of automatic telephone dialing and announcing equipment under certain circumstances; to provide procedures whereby a person can consent to one or more calls by a person using automatic telephone dialing and announcing equipment; to provide for revocation of consent; to provide for records of consent; to make it unlawful for any person using automatic telephone dialing and announcing equipment to fail to maintain certain records relating to consent or to prevent or hinder an authorized official from inspecting such records; to make it unlawful to use automatic telephone dialing and announcing equipment for certain purposes unless a permit has been issued for such use; to provide procedures for the issuance of permits; to provide for fees; to provide for renewal of permits; to provide for enforcement; to provide for applicability with respect to rules or regulations of the Public Service Commission; to provide for other matters relative to the foregoing; to provide for applicability; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone

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service in general, is amended by adding at the end thereof a new Code Section 46-5-23 to read as follows: 46-5-23. (a) (1) As used in this Code section, the term `ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed. (2) It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of advertising or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of conducting polls or soliciting information where: (A) Consent is not received prior to the initiation of the calls as specified in paragraph (3) of this subsection; (B) Such use is other than between the hours of 8:00 A.M. and 9:00 P.M.; (C) The ADAD equipment will operate unattended or is not so designed and equipped with an automatic clock and calendar device that it will not operate unattended, even in the event of power failures; (D) Such use involves either the random or sequential dialing of telephone numbers; (E) The telephone number required to be stated in subparagraph (G) of this paragraph is not one which during normal business hours is promptly answered in person by a person who is an agent of the person on whose behalf the automatic calls are made and who is willing and able to provide information concerning the automatic calls.

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(F) The automatic dialing and recorded message player does not automatically and immediately terminate its connection with any telephone call within ten seconds after the person called fails to give consent for the playing of a recorded message or hangs up his or her telephone; (G) The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first 25 seconds of the call and at the conclusion of the call; or (H) Such use involves calls to telephone numbers which at the request of the customer have been omitted from the telephone directory published by the local exchange company serving the customer or involves calls to hospitals, nursing homes, fire protection agencies, or law enforcement agencies; (3) (A) A person may give consent to a call made with ADAD equipment when a line operator introduces the call and states an intent to play a recorded message. Any such consent shall apply only to one particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment. (B) Any person wishing to receive telephone calls through the use of ADAD equipment shall give his or her written consent to the person using, employing or directing another person to use, or contracting for the use of such ADAD equipment. Any forms used for such written consent by any person using, employing or directing another person to use, or contracting for the use of such ADAD equipment shall clearly and conspicuously state its purpose and effect and clearly and conspicuously give notice of how the consent may be withdrawn. A record of such written consent shall be maintained by the person to whom consent is given and shall be made available to the commission or its authorized representative, without further action, during normal business hours and following reasonable notice. Such consent shall, unless

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withdrawn, be valid for a period of two years from the date on which it is executed; and such record of written consent shall be maintained by the person to whom consent is given for at least the same period of time. Any consent to receive telephone calls through the use of ADAD equipment shall be void and withdrawn on the fifteenth day following the receipt of a letter withdrawing such consent. It shall be unlawful for any person to whom written consent is given to fail to maintain the record of such written consent for the time period required by this paragraph or to prevent or hinder the commission or its authorized representative from inspecting any such record of written consent. (b) It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment in any manner covered by the provisions of subparagraphs (a)(2)(B) through (a)(2)(G) of this Code section when: (1) Calls are made with ADAD equipment by a nonprofit organization, or by an individual using such calls other than for commercial profit-making purposes, and the calls do not involve the advertisement or offering for sale, lease, or rental of goods, services, or property; (2) Calls made with ADAD equipment relate to payment for, service of, or warranty coverage of previously ordered or purchased goods or services; or (3) Calls made with ADAD equipment relate to collection of lawful debts. (c) It shall be unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission. Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission and shall pay a fee as prescribed by the commission for such permit. Permits shall

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be renewed biennially as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits. Permits shall be subject to suspension or revocation for any violation of this Code section. (d) The provisions of this Code section shall supersede any prior rule, regulation, or order of the commission governing the use of ADAD equipment but shall not prohibit or supersede any future rule, regulation, or order of the commission governing the use of ADAD equipment except to the extent that any such rule, regulation, or order directly conflicts with this subsection. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section; and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who operates or utilizes ADAD equipment in violation of the provisions of this Code section shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service. (e) Any person who violates any provision of this subsection shall be guilty of a misdemeanor. Section 2 . This Act shall become effective June 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987.

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CRIMES AND OFFENSES SEXUAL EXPLOITATION OF CHILDREN; OBSCENITY; VISUAL MEDIA; FORFEITURE OF PROPERTY. Code Section 16-12-100 Amended. No. 750 (House Bill No. 454). AN ACT To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses relating to minors generally, so as to change certain provisions relating to the crime of sexual exploitation of children; to change the definition of certain terms; to prohibit the creation, reproduction, publication, promotion, sale, distribution, gift, exhibition, or possession with intent to sell or distribute of any visual medium which depicts a minor engaged in any sexually explicit conduct; to prohibit the advertisement, sale, purchase, barter, or exchange of any medium which provides information as to where any visual medium which depicts a minor engaged in any sexually explicit conduct can be found or purchased; to prohibit any person from bringing or causing to be brought into this state any material which depicts a minor engaged in any sexually explicit conduct; to prohibit any person from possessing or controlling any material which depicts a minor engaged in any sexually explicit conduct; to require certain reports to law enforcement agencies by persons who, in the course of processing or producing visual or printed matter, have reasonable cause to believe that such matter depicts a minor engaged in sexually explicit conduct; to provide for certain immunity from liability for making reports; to provide exceptions; to provide for criminal and civil forfeiture of materials used in certain crimes involving the sexual exploitation of children and property constituting or derived from gross profits from such crimes; to provide procedures; to change certain penalty provisions; to provide penalties for various crimes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses relating to minors generally, is amended by striking in its entirety Code Section 16-12-100, relating to the sexual exploitation of children, and inserting in lieu thereof a new Code Section 16-12-100 to read as follows: 16-12-100. (a) As used in this Code section, the term: (1) `Minor' means any person under the age of 18 years. (2) `Performance' means any play, dance, or exhibit to be shown to or viewed by an audience. (3) `Producing' means producing, directing, manufacturing, issuing, or publishing. (4) `Sexually explicit conduct' means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks, or with a female's nude breasts;

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(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. (5) `Visual medium' means any film, photograph, negative, slide, magazine, or other visual medium. (b) (1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance. (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance. (5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor engaged in any sexually explicit conduct. (6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium

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which provides information as to where any visual medium which depicts a minor engaged in any sexually explicit conduct can be found or purchased. (7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor engaged in any sexually explicit conduct. (8) It is unlawful for any person knowingly to possess or control any material which depicts a minor engaged in any sexually explicit conduct. (c) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the Georgia Bureau of Investigation or the law enforcement agency for the county in which such matter is submitted. Any person participating in the making of a report or causing a report to be made pursuant to this subsection or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this subsection is made in good faith. (d) The provisions of subsection (b) of this Code section shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities. (e) (1) A person who is convicted of an offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in: (A) Any property constituting or directly derived from gross profits or other proceeds obtained from such offense; and (B) Any property used, or intended to be used, to commit such offense.

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(2) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (3) The court shall order forfeiture of property referred to in paragraph (1) of this subsection if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture. (4) The provisions of subsection (f) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person. (f) (1) The following property shall be subject to forfeiture to the State of Georgia: (A) Any material or equipment used, or intended for use, in producing, reproducing, transporting, shipping, or receiving any visual medium in violation of this Code section; (B) Any visual medium produced, transported, shipped, or received in violation of this Code section, or any material containing such depiction; provided, however, that any such property so forfeited shall be destroyed by the appropriate law enforcement agency after it is no longer needed in any court proceedings; or (C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section; except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49.

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(g) (1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 20 years or by a fine of not more than $100,000.00, or both. (2) Any person who violates paragraph (8) of subsection (b) of this Code section shall be guilty of a misdemeanor. (3) Any person who violates subsection (d) of this Code section shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. QUALITY BASIC EDUCATION ACT REVISION; EDITORIAL CORRECTIONS. Code Sections 20-2-130 through 20-2-322 Revised. No. 751 (Senate Bill No. 179). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in general and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness assessment; to provide for maximum class sizes to be established by the State Board of Education; to revise categories of programs for handicapped students; to change eligibility requirements for remedial education; to require school systems to offer remedial education;

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to provide a funding formula for initiation of special instructional assistance, in-school suspension, and limited-English-proficient programs; to clarify limits on dates for full-time equivalent student counts; to clarify courses to be excluded from full-time equivalent student counts; to increase program weights for special education; to specify handicapping conditions to be included in each special education category; to revise the calculation of the training and experience factor; to provide for midterm adjustments in school systems with declining property tax digests; to clarify restrictions on use of midterm adjustment funds; to correct the calculation of equalization grants to school systems involved in multisystem high school contracts or in system mergers; to make other technical corrections to the calculation of the equalization grant; to provide technical corrections to the calculation of local fair share; to clarify the calculation of total state earnings for each school system; to revise the restrictions on use of funds earned through the Quality Basic Education formula; to restrict the use of unobligated surplus funds or accounts; to clarify the requirement for a free public education; to provide for a 180 day school year, except where a year-round school program has been implemented; to provide a funding mechanism for locally approved year-round school programs; to specify base school and school system sizes; to clarify components to be included in the high school program weights; to clarify the method of payment of funds to the Teachers Retirement System of Georgia; to clarify funding provisions for staff development and professional development; to change provisions for penalties for exceeding maximum class sizes; to make technical corrections to the provision for instruction in nutrition; to update provisions for student transportation; to clarify provisions for certification requirements of professional personnel; to provide for in-service or continuing education requirements for personnel; to revise provisions for provisional or probationary certification; to clarify the administration of annual performance evaluation of personnel; to modify requirements for recruitment procedures for personnel; to clarify provisions for the state minimum salary schedule; to revise provision for the career ladder program; to modify calculation of administrator responsibility supplements; to provide for supervision of substitute teachers; to modify provisions for innovation grants and demonstration schools; to provide for continuing the advisory committee to the Georgia Education Leadership Academy; to change provisions for capital outlay grants to make the program conform to other

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Quality Basic Education provisions; to modify provisions for organization and funding of regional educational service agencies; to revise requirements for assessment of student progress; to change the requirements for Quality Basic Education progress reports by the State Board of Education to the General Assembly; to revise authorization for action by the State Board of Education to monitor and take corrective action regarding corrective plans for nonstandard local units of administration; to modify the calculation of middle school incentive grants; to revise the provisions for school consolidation incentives; to clarify the calculation of sparsity grants; to revise authorization of the State Board of Education for public school educational television; to provide for one or more colleges or universities to participate in operation of a residential high school program; to revise provisions for the State Board of Postsecondary Vocational Education; to change dates for completion of the state-wide comprehensive educational information network and for abolition of its task force; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Article 6, known as the Quality Basic Education Act, and inserting in lieu thereof a new Article 6 to read as follows: ARTICLE 6 Part 1 20-2-130. This article shall be known and may be cited as the `Quality Basic Education Act.' 20-2-131. The General Assembly of Georgia, recognizing the need for: (1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process

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and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen; (2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential; (3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure; (4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program; (5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state; (6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career; (7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis; (8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia; (9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and (10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality

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basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin. 20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows: (1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction; (2) A decrease in the percentage and number of students who enter school but drop out prior to graduation; (3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty; (4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade; (5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and (6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas. 20-2-133. Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education,

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as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Section 20-2-164. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students. Part 2 20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of the student's public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the student's parents, to master. Based upon these foregoing competencies, the state board shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may expand and enrich this curriculum to the extent it deems necessary and appropriate for its students and communities. 20-2-141. The State Board of Education shall establish at least once every four years a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the state board shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the General Assembly for review. 20-2-142. (a) (1) All elementary and secondary schools which receive in any manner funds from the state

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shall provide the following course offerings in the manner prescribed by the State Board of Education: (A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (b) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these courses. (b) (1) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and

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drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board. (2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish standards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. Part 3 20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs

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through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual. (b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified. (c) All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-702, and the rules and regulations of the State Board of Education

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relating to compulsory school attendance even though they have not attained seven years of age. 20-2-151. (a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum. (b) The following general and career education programs are authorized for purposes of funding under this article: (1) (A) All local school systems shall offer a fullday kindergarten program. For purposes of this subsection, the term `full-day basis' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year; and (B) It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. (2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. Beginning

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in school year 1988-89, each child must have achieved the criterion score or scores established by the State Board of Education on the school readiness assessment pursuant to Code Section 20-2-281, unless the child has been identified as being handicapped or limited-English-proficient under policies and criteria adopted by the state board. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness assessment of children shall also be conducted during the last 40 school days of the previous school year if the state board so directs. If a student does not achieve the state board criterion score or scores on a second annual assessment, the student shall be referred for consideration of special education services or special instructional assistance in accordance with state board regulations and procedures. Said student shall then be placed in the appropriate first grade program. No student shall remain in kindergarten for more than two years. (3) It is the policy of this state that the primary purposes of the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight. (4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:

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(i) The high school education program which includes general, vocational, and college preparatory classes; (ii) The nonvocational high school laboratory program; and (iii) The vocational laboratory program. (B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school laboratory and vocational laboratory programs shall be funded at higher levels than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory program. 20-2-152. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children aged zero through four years, whose handicapping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds. Eligible children and youth are defined as 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 modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of

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Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (h) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. (b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local school systems, regional educational service agencies, or other qualified public or private institutions for such services. (c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by: (A) Providing grants directly to regional educational service agencies for provision of services; (B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification

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or licensing standards of their profession in the state in which the institution is located; (C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services; (D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or (E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly. (2) The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection. (d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state: (1) Category I: self-contained specific learning disabled and self-contained speech-language disordered; (2) Category II: mildly mentally handicapped; (3) Category III: behavior disordered, moderately mentally handicapped, severely mentally handicapped, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically handicapped, and self-contained other health impaired; (4) Category IV: deaf-blind, profoundly mentally handicapped, visually impaired and blind, resourced

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hearing impaired and deaf, resourced orthopedically handicapped, and resourced other health impaired; and (5) Category V: intellectually gifted. 20-2-153. The State Board of Education shall create a special instructional assistance program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an identified handicapping condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served

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during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the youngest eligible students in each local school system. 20-2-154. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1989. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section: (1) Students in grades two through five and grade nine who have scored at or below the twenty-fifth percentile, or its equivalent, on the reading or mathematics portion of a state-wide or nationally-normed standardized achievement test approved by the state board to be used for this purpose; and (2) Students in grades ten through 12 who have been administered but not yet passed the reading, the mathematics, or the writing portion of the state's basic skills test, upon which passage is required for graduation by the state board; and (3) Students entering grade ten whose ninth grade nationally-normed standardized achievement test scores are at or below the twenty-fifth percentile. No local school system shall be required to pretest or posttest any student in grade ten who is qualified under this paragraph nor will any system be required to pretest entering tenth grade students who have not been administered the ninth grade nationally-normed standardized achievement test; and (4) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-153

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and whose Individualized Education Programs (IEP's) specify that, due to their achievement levels in reading or mathematics in grades two through five and nine through 12, or writing in grades nine through 12, they need to receive services under the remedial education program as well as other students receiving special education services who meet the eligibility requirements specified in paragraph (1) or (2) of this subsection. (b) The following students shall not be eligible for the remedial education program: (1) Students who are receiving services under the special instructional assistance program as authorized by Code Section 20-2-153; or (2) Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing deficiencies. (c) Students in grades two through five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose IEP's under the special education program state they shall not be administered such achievement tests. If appropriate evaluation date are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually

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request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system. 20-2-155. (a) The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section. (b) The State Board of Education is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented inschool suspension programs rather than to suspend or expel such students from school. Therefore, the primary purposes

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of the in-school suspension program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school suspension programs may be housed in the regularly assigned schools, special schools specifically organized for such programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The state board shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. 20-2-156. The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program

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shall be based on the actual count of students served during the preceding year. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. Part 4 20-2-160. (a) The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October 1, the second enrollment count after November 1 but prior to January 1, and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term `enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged

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tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school for at least three segments that are eligible to be counted under this subsection and that the student's postsecondary program is approved by the high school principal or the principal's designee. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date. (b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner: (1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; (2) Divide the total number of segments counted for each program by six. The result is the FTE program count for each respective state recognized program; (3) The average of the local school system's most recent three FTE program counts shall serve as the FTE count used to compute the funds needed to finance each respective program for the ensuing year. 20-2-161. (a) The instructional program for grades four through eight is declared to be the base program against which the cost of all other instructional programs shall be

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compared. The General Assembly shall annually establish through the General Appropriations Act the amount of funds needed by each FTE student in that program, in order that the base program can be sufficiently funded to provide quality basic education to all enrolled students. This amount of funds shall be known as the `base amount' and shall reflect program components which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186. (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights: (1) Kindergarten program 1.329 (2) Primary grades program (1-3) 1.237 (3) Middle grades program (4-8) 1.000 (4) High school general education program (9-12) 0.996 (5) High school nonvocational laboratory program (9-12) 1.295 (6) Vocational laboratory program (9-12) 1.322 (7) Program for the handicapped: Category I 2.415 (8) Program for the handicapped: Category II 2.872 (9) Program for the handicapped: Category III 3.628 (10) Program for the handicapped: Category IV 5.735 (11) Program for intellectually gifted students: Category V 1.775 (12) Remedial education program 1.314

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(c) The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section: (1) Multiply the average FTE program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section; (2) Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and (3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the instructional program in accordance with subsection (d) of this Code section. The process and associated components contained within this Code section shall be known as the `Quality Basic Education formula.' (d) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available. Such additional amount shall be known as `program adjustment amount for training and experience.' (e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes

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needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems. 20-2-162. (a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the midterm adjustment for the current fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had FTE counts pursuant to this Code section that are higher than the FTE counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the FTE count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average FTE count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete FTE student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment. (b) A midterm adjustment in a local school system's local fair share shall be made if:

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(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local fair share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and (2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local fair share. Such a midterm adjustment shall be made by reducing the initial local fair share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local fair share as provided in this Code section. 20-2-163. Reserved. 20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows: (1) Multiply the most recent equalized adjusted school property tax digest for the local school system by.4; (2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and

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(3) Multiply the remainder calculated in paragraph (2) of this subsection by.005. (b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; provided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fair share. (2) The local school system may apply revenues toward the local fair share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government. (c) (1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274. (2) Except as provided in subsection (b) of Code Section 20-2-162, the sums of the most recent equalized adjusted school property tax digests shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year. (d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction: (1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead

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exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52; (2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; (3) The amounts of tax and nontax revenues by source which have been distributed by said local government to local school systems for educational maintenance and operation; provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues distributed to its school system, the total amount of tax revenues collected by the municipal government shall also be submitted to the Department of Revenue. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue; and (4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7; provided, however, that if the taxing authority of a local school system assesses property at a legal standard other than 40 percent of fair market value, the actual assessed valuation used in this calculation shall be reduced to represent the amount which would be assessed if the jurisdiction assessed property at 40 percent of fair market value. (e) The Department of Revenue shall annually verify, certify as correct, and furnish the State Board of Education with the following data for each local school system by November 15: (1) All tax and nontax revenues by source for the preceding fiscal year which were distributed for educational maintenance and operation; provided, however, such tax and nontax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated

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to local school systems; and provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues which it distributed to its school system, the total amount of revenues distributed to the school system shall be designated as tax revenues in the report of the Department of Revenue to the state board; (2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year; (3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year; and (4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7, adjusted pursuant to paragraph (4) of subsection (d) of this Code section. (f) The Office of Planning and Budget shall annually furnish to the State Board of Education the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system. The Office of Planning and Budget shall furnish all information requested by the General Assembly regarding the procedure for estimating this percent. (g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest, adjusted by paragraph (1) of subsection (a) of this Code section, shall be reduced by the sum of the following products: (1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant

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to Code Section 48-5-44 granted for that year, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, multiplied by the amount per exemption authorized under Code Section 48-5-44; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-44, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in Code Section 48-5-44, or by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-44 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph; (2) The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year, multiplied by the amount per exemption authorized under that Code section; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-48, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-48 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph; (3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; (4) The product which results from the following calculations:

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(A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, from the respective percentage for the local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero shall be used in the calculations in this paragraph; (B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and (C) Multiply the product which results from subparagraph (B) of this paragraph by the estimated number of persons age 65 or older residing in the local school system during that year; and (5) The product which results from the following calculations: (A) Divide the amount reported in paragraph (4) of subsection (e) of this Code section by the average ratio of assessed value to true value used to calculate the most recent equalized adjusted school property tax digest pursuant to Code Section 48-5-274; and (B) Multiply the quotient which results from subparagraph (A) of this paragraph by.4. (h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local fair share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local fair share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state

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general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation relative to its assessed local fair share or any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year. 20-2-165. (a) As used in this Code section, the term: (1) `Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) `Assessed valuation per weighted FTE' is defined as the assessed valuation for the most recent year available divided by the weighted FTE for the year of the digest. (3) `Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000. (4) `Eligible full-time equivalent program count' is defined as the sum of the FTE resident student count and FTE nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each FTE nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (5) `Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (6) `Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth percentile

Page 1200

in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted FTE. For the purpose of determining the assessed valuation per weighted FTE of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (7) `Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data is available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (8) `Most recent average weighted FTE count' is defined as the average of the three most recent weighted FTE counts. (9) `Qualified local school system' is defined as any local school system having an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164. (10) `Weighted FTE count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161.

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(11) `Weighted FTE for the year of the digest' is defined as the average of the three weighted FTE counts taken during that fiscal year beginning during the year of the digest. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted FTE for the local school system from the assessed valuation per weighted FTE for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for the local school system and use the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted FTE count for the local school system; and (6) The resulting amount shall be the equalization grant for the ensuing fiscal year; provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the FTE counts of the local school system in which they reside; provided, further,

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that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted FTE student multiplied by the total weighted FTE count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted FTE of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted FTE of the guaranteed valuation school system. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. 20-2-166. (a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by: (1) Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section

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20-2-187, to the amount calculated for the local school system for the Quality Basic Education formula pursuant to subsection (c) of Code Section 20-2-161; (2) Subtracting the amount of funds required by the local school system for local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and (3) Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article. (b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units of administration under this article and budgets approved by the state board. The state board is authorized to provide for distribution of state funds to local units of administration at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds. In determining the time and manner for distribution of state funds, the state board may consider the time at which local school tax funds shall be collected and made available to

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local units of administration. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board. 20-2-167. (a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161. `Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. The direct instructional costs for the kindergarten program and primary grades program shall be summed into one amount for the early elementary grades. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on the direct instructional costs of such program, except as modified in this paragraph. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amount shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended

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by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section. (2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for media center costs for this purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to media center costs. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for media center costs shall be reduced by that returned amount. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161. (3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development on programs for certificated and classified personnel and local school board

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members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development costs to the state, the 90 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (g) of Code Section 20-2-182. (4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1), (2), or (3) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 percent amounts calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article. (5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be

Page 1207

intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a `surplus' or `unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose. (b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information: (A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility

Page 1208

maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board is authorized to prescribe information that must be submitted to the state board and the time it must be submitted. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit. (d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the `Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article. 20-2-168. (a) All federal funds received by the State Board of Education for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to

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local units of administration in defraying the cost of establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable. (b) (1) The State Board of Education, through a study which includes consultation with the Department of Administrative Services, representatives of local units of administration, and such others as the state board may consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the state board and the Department of Administrative Services on standard items of school equipment, supplies, services, or other expenses designated by the state board which are ordinarily needed, procured, or incurred by local units, without a sacrifice of safety or quality. The study used to make such determination shall be performed not less than once every five years. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit a compilation of them to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such items. (2) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that it shall inform prospective bidders that the bid requested

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is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units, that payment for such items as may be purchased by local units shall be made by the respective local units to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board, which shall promptly forward such information to all local units of administration. (3) Local units of administration may obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or other expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state-bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess costs paid for such items by the local unit; provided, further, that local units of administration shall implement textbook adoptions from textbook listings prescribed by the state board pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the state board. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and other expenses, as may be designated by the state board, whether or not state-bid prices are obtained on such items.

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(c) (1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, and shall define the length of the school day. (2) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state. (3) Each fiscal year shall begin on July 1 and end on June 30 of the following year. (d) The governing board of any local unit of administration may provide for continued operation of one or more educational programs of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including: the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated by or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education. All summer school programs shall meet and be offered in accordance with standards, requirements, and criteria prescribed by the state board. Teachers and other certificated professional personnel employed full time or part time during such period shall be paid additional salaries based on the state minimum monthly salary

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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 the General Assembly authorizes funds for this purpose. The state board is authorized to allot such state funds to local units in support of all or any one or more of such summer school education programs. The extent to which these state funds may be allotted to local units of administration 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 the Quality Basic Education Program 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 in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs. (e) (1) It is declared to be the policy of this state that every effort be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels for any instructional program as provided in Part 3 of this article which meets the following criteria: (A) That the operation of the program is for 232 official attendance days or more, constituting four quarters or any plan for year-round operation approved by the state board; (B) That for a student's first 176 or more days, constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and (C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board.

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(2) For all instructional programs of a local school system approved by the state board for year-round operation pursuant to paragraph (1) of this subsection, whether the year-round operation is approved system wide or for only a portion of the local school system, the state board shall make the following modifications concerning the calculation of the FTE counts used in the allotment provisions under this article, specifically the provisions of Code Sections 20-2-161, 20-2-162, and 20-2-165: (A) The state board shall require a FTE count to be done each year for the instructional programs approved for year-round operation between June 15 and August 15 in a manner and on a date specified by the state board; provided, however, that such counts shall be done in a manner consistent with the provisions of Code Section 20-2-160; (B) The state board shall average the summer FTE count with the other FTE counts for the instructional programs approved for year-round operations that are specified in the appropriate allotment provisions of this article; and (C) The state board shall multiply the averages which result from subparagraph (B) of this paragraph by one and one-third and use this FTE count in all allotment calculations for these instructional programs. A similar process shall be applied to all other instructional programs approved by the state board for year-round operation which are required by this article or by state board policy to use student counts in determining the allotment of funds to local school systems. (3) The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection. Part 5 20-2-180. The essential educational resources described in this part shall serve as the basis for computing the base

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amount and program weights used in the Quality Basic Education formula pursuant to Code Section 20-2-161. Although the essential educational resources described in this part shall serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems are authorized to expend such funds as deemed appropriate and necessary to provide the most effective educational programs and services needed by enrolled students, except as otherwise limited by the provisions of subsection (a) of Code Section 20-2-167 and other appropriate provisions of this article and by policies, regulations, and standards promulgated by the State Board of Education. 20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 FTE students. The calculation of program weights for the kindergarten program and primary grades program shall reflect a base school size of 450 FTE students. The calculation of program weights for the middle grades program, the special education programs, and the remedial education program shall reflect a base school size of 624 FTE students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 FTE students. 20-2-182. (a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly. (b) The program weights for the kindergarten program, the primary grades program, and the remedial education program shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the base amount and program weight for the middle grades program shall reflect

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the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly. (c) The program weights for the primary and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly. (d) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular school year. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students. (e) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each program. (f) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System

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of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia. (g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule. If any portion of professional development funds are not expended by a local school system for this purpose, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232. (h) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards

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of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education. 20-2-183. All program weights, when multiplied by the base amount, shall reflect sufficient funds to provide for the maintenance and operation of facilities essential for housing instructional programs and essential supportive educational services, subject to appropriation by the General Assembly. 20-2-184. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, excluding computer hardware and software, as is essential to support instructional programs authorized under Part 3, subject to appropriation by the General Assembly. 20-2-185. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly. 20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning

Page 1218

salaries of special education leadership personnel and school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system. 20-2-187. (a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of: (A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines; (B) State supplements to the salaries paid such personnel by local units of administration; and (C) State incentive pay for satisfactory completion of such training programs. (2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying students and of maximizing participation and quality meals for all students. (b) The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, to local units of administration for costs directly associated with this program. There may be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in

Page 1219

the preparation and consumption of food which may be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period. (c) (1) The State Board of Education shall establish a system of allotments of funds to local units of administration to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, multiplied by an annual base payment. For each school food manager, the local unit of administration shall earn the base payment as well as an amount not to exceed $100.00 per month. (2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year. (3) Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments in financing the locally established salary schedule. 20-2-188. (a) The amount of funds needed by a local unit of administration to pay expenses of student transportation shall be calculated by the State Board of Education in

Page 1220

accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient student transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon prevailing circumstances which affect, in varying ways, the cost of student transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting students to and from public schools, including costs for transportation for handicapped or limited-English-proficient students who must travel across local school system lines or away from the school to which they would normally be assigned if they did not have such special needs. It is further provided that the costs of the regular student transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories outside the assigned schools, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable student transportation costs or cost factors the state board is, without limiting the generality of the foregoing, authorized to consider factors and circumstances such as the number and density of students transported in the local unit of administration and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code 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 students in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other factors and circumstances as the state board may find relevant for the purpose of establishing such schedules and cost factors.

Page 1221

The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section. (b) The State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $402.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers. (c) To the extent that the State Board of Education obtains a state-bid price under subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units of administration in connection with or as a result of providing transportation services to students 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 subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense. (d) Students 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 students for the purpose of calculating that portion of the expense of student transportation associated with transporting students from home to school and from school to home as authorized under subsection

Page 1222

(a) of this Code section, provided such students are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any student who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported. (e) The State Board of Education shall establish and require adherence to minimum specifications for vehicles used or contracted to be used by local units of administration for transporting students, taking into account the factors and circumstances set forth in subsection (a) of this Code section, and shall establish and require adherence to minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles. The state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses. (f) The State Board of Education shall have the authority to allot funds for the transportation of all public school students residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland. (g) The State Board of Education shall adopt policies, procedures, regulations, and other such requirements for transportation and for payment of all transportation costs pursuant to subsections (a) through (e) of this Code section for all students with special needs identified by the various local units of administration. Further, the state board shall allot funds to local units of administration for transportation costs for those students authorized by such local units of administration to attend schools and programs of other local units. (h) The State Board of Education shall adopt policies and regulations relative to vehicles used for the transportation of students with special needs. (i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses

Page 1223

of student transportation shall be paid to an independent school system only when requested by the board of education of such independent school system. Any funds for student transportation costs shall be specified by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this article shall be construed to require the board of education of any independent school system to furnish student transportation services within such school system. (j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection. Part 6 Subpart 1 20-2-200. (a) The State Board of Education shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the state board certifying their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training experience, and competency of such personnel. The state board is authorized to provide for revoking or denying a certificate for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state board shall designate and define the various classifications of professional

Page 1224

personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term `certificated professional personnel' is defined as all professional personnel certificated by the state board and county or regional librarians. (b) (1) Before granting a renewable certificate to an applicant, the State Board of Education shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification. (2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification. (3) Before granting an initial renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge. (4) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field. (5) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field. (c) The State Board of Education shall have the authority to grant a renewable certificate at the four-year level in

Page 1225

a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field which has been declared by the state board to be a critical shortage field; (2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification; (3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (4) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. (d) The State Board of Education shall have the authority to grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a master's degree in education in a teaching field from a college or university program recognized or approved by the state board; (2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (3) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. 20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200

Page 1226

shall have satisfactorily completed a course of five or more quarter hours, approved by the State Board of Education, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the state board. As used in this subsection, `children who have special educational needs' is defined as such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and salary increases. (b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated into the total lifestyle of an individual. (c) Each local unit of administration shall be required to provide all professional personnel certificated by the State Board of Education 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such inservice programs shall be developed by the local unit of administration in conjunction with such agencies as RESA's,

Page 1227

colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff. 20-2-202. All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. However, holders of life certificates shall be subject to the tests and assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 when such tests or assessments are required to qualify for other provisions as set forth in this article or by state board policy or regulation. 20-2-203. All renewable certificates granted by the State Board of Education shall have a validity period of five years. 20-2-204. (a) As used in this Code section, the term: (1) `Aide' is defined as a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. An aide who works as an instructional aide shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma. (2) `Licensed personnel' is defined as paraprofessionals and aides. (3) `Paraprofessional' is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional's job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.

Page 1228

(4) `Permitted personnel' is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The State Board of Education shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state board; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The state board is authorized to provide for revoking or denying a license or permit for good cause after an investigation is conducted and notice and hearing is provided the license or permit holder. Subpart 2 20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board. These instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability.

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20-2-211. (a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board. (b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the State Board of Education on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless such employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1. (c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local governing board 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.

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(d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availiability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education. A local board of education may also announce such positions in the legal organ of the county in which the school system is located and to colleges and universities in other states. 20-2-212. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually with the Governor's budget recommendations. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary

Page 1231

schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respective salary prescribed by the 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 consideration 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 performance of the particular employee whose salary is being supplemented. 20-2-213. The State Board of Education is authorized and directed to devise career ladder programs for teachers and other professional personnel certificated by the state board which provide such personnel who demonstrate above average or outstanding competencies relative to their respective positions and exhibit above average or outstanding performance in executing their assigned responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level that is typically expected for their ability shall be included in the performance criteria for any of the respective personnel categories when specified by the state board. The state board shall submit its policies and guidelines pertaining to the implementation of career ladder programs, along with the recommendations of the career ladder task force, to the General Assembly for review prior to submitting a request for funds to grant salary supplements under this program. The state board shall grant sufficient funds to each local unit of administration to pay the salary supplements of all personnel awarded supplements under the career ladder programs, subject to appropriation by the General Assembly. 20-2-214. The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted FTE

Page 1232

count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly. 20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of `in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Board of Education to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section. 20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess valid teaching certificates issued by the State Board of Education. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is

Page 1233

available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. Part 7 20-2-230. (a) All public school officials and professional personnel certificated by the State Board of Education shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations. (b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the `Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of administration which the state board deems to be necessary to ensure the effective management and operation of local units of administration. The Department of Education is authorized, in cooperation

Page 1234

with the Georgia School Boards Association, to conduct workshops providing such instruction and to present to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office. 20-2-231. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills. (b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories: (1) Representatives of local school system administrators appointed by the State Board of Education; (2) Representatives of colleges and universities appointed by the state board; (3) Representatives of the House of Representatives appointed by the Speaker of the House; (4) Representatives of the Senate appointed by the President of the Senate; and (5) Representatives at large appointed by the Governor. Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources.

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(c) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282. 20-2-232. Each local school system shall develop an annual comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The annual comprehensive staff development plan shall provide for programs designed to address deficiencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board. Part 8 20-2-240. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and

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for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law. (b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department. 20-2-241. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws. 20-2-242. The political subdivisions governed by county, independent, and area boards of education in this state established pursuant to law shall be known as `local school systems' for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other local or regional

Page 1237

public education agencies established pursuant to law shall be known as `local units of administration' for purposes of this article, except education agencies governed or regulated by boards of other state agencies or except where other specific provisions are made. The members and executive officers of local governing boards shall comply with, execute, and enforce all laws and all policies, rules, standards, and regulations adopted by the State Board of Education pursuant to this article in order to be eligible to receive state funds under this article. If a local board of education fails to comply with any provision of this article, compliance shall be enforced pursuant to Code Section 20-2-243. The qualifications, manner and time of selection, tenure, powers and duties, and state compensation if provided for, shall be prescribed by law for all members and executive officers of local governing boards. Specifically, however, each local board of education shall be responsible for ensuring that: (1) The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced core curriculum authorized pursuant to Part 2 of this article are fully and effectively implemented; (2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible; and (3) Information is distributed to the public on a continuing basis relative to the costs, quality, and performance of the system's elementary and secondary schools. 20-2-243. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education pursuant to this article; or the terms of any contract with the state board, the state board may, in its discretion, withhold from the local unit all or any part of the state contributed Quality Basic Education Program funds allotted to the local unit under this article until full compliance is made by the local unit. The state board shall, before withholding funds, notify the local unit of its intention and state

Page 1238

the reasons for such action. The governing board of the local unit shall be entitled to a hearing before funds are withheld, provided the local board requests a hearing within 30 days from receipt of notification. If the local governing board feels itself aggrieved by the final decision of the state board following the hearing, the local board shall have the right to obtain judicial review of the 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. The appeal shall plainly specify the decision being challenged, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The 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 School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent 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 not prayed for in the appeal, remand the matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. 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. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section. Part 9 20-2-250. (a) The State Board of Education shall provide grants to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, system wide, or regionally, subject to appropriation by the General Assembly. The state board shall appoint a review panel to evaluate all submitted proposals and submit appropriate recommendations

Page 1239

to the state board for funding based upon criteria specified within this Code section. The criteria for awarding such a grant shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their shares of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article. The state board is further authorized to reduce the amount of a local grant request through negotiation with a local governing board and award the difference to an additional local unit of administration which has submitted an unfunded, qualified project. (b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service, subject to appropriation by the General Assembly. Only those local units of administration which have completed innovation programs under the process defined in subsection (a) of this Code section, regardless of fund source, and such innovation programs have been sufficiently validated to demonstrate program effectiveness, may be considered for funding on a priority basis. The criteria for awarding such a grant shall be that the local unit of administration was previously instrumental in the development or adoption of such effective improvement,

Page 1240

that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs, and such other criteria which the state board may deem appropriate and necessary. Such a grant shall not require that any portion of such project's cost be paid by the qualified local unit of administration receiving such grant. (c) The State Board of Education shall provide grants to qualified local units of administration for the purpose of adopting effective improvements of educational programs or services, subject to appropriation by the General Assembly. The criteria for awarding such a grant shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost, and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article. 20-2-251. (a) As used in this Code section, the term: (1) `Demonstration plan' is defined as a document submitted by the local school system and approved by the State Board of Education which describes: how certain state policies, standards, rules and regulations in practice inhibit the local school system's delivery of an appropriate and effective educational program; how a suspension of such policies would result in improvement of the educational

Page 1241

program; the new demonstration program or activity without such policies; proposed stipulations under which the local school system will operate in lieu of those policies that the state board is requested to suspend; goals and objectives of the new demonstration program or activity; an evaluation system to determine if the goals and objectives of the new demonstration program or activity are being attained; and other such items as the state board may deem necessary for an effective demonstration plan. (2) `Demonstration school system' is defined as a local school system which is designated by the state board to operate the educational programs or services contained within its demonstration plan in accordance with the said plan. (b) The State Board of Education shall have the authority and is directed to: (1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section; (2) Annually designate local school systems which meet established state board criteria for being designated or continuing their designation as demonstration school systems; provided, however, that the State Department of Education shall annually review and evaluate the effectiveness of demonstration plans and submit findings and recommendations to the state board; and (3) Suspend certification regulations and requirements and other state policies, standards, and regulations for approved demonstration school systems to the extent deemed essential for successful implementation of approved demonstration plans. However, such suspension of rules and regulations will apply only to those personnel, programs, and schools actually participating in the approved demonstration program or activity. (c) All policies, rules, and regulations prescribed by the State Board of Education pursuant to Code Section 20-2-250

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shall apply to this Code section, unless such application is explicitly excluded. No local school system shall be permitted to continue its designation as a demonstration school system for more than three fiscal years; provided, however, that a system may submit a new application for designation as a demonstration school system upon conclusion of its previous demonstration program or activity. Any demonstration school system program or activity designated as such during fiscal year 1987 may be designated to continue that status for fiscal year 1988 only, contingent upon approval for that year by the state board. 20-2-252. (a) Local school systems shall develop longterm system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated. (b) The State Board of Education shall grant funds to local units of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs pertaining to the use and application of computers and related electronic technology in educational programs and services, subject to appropriation by the General Assembly. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such need with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local school system to pay a share of the cost relative to the ability of other local school systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant

Page 1243

to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article. (c) The State Board of Education shall evaluate hardware and software, disseminate effective software, provide technical assistance and staff development training to local units of administration, and perform such other related functions as deemed necessary by the state board. (d) The State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state. 20-2-253. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants, subject to appropriation by the General Assembly. The purpose of such grants shall be to give recognition to public schools and local school systems having demonstrated high levels of performance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographic characteristics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographic characteristics. The amount of such incentive award grants shall be reflective of the most recent FTE counts of the qualified public schools or local school systems, respectively, and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants

Page 1244

and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section. 20-2-254. The State Board of Education is authorized to engage in or otherwise to make provision for educational research into all methods of instruction and education of children and youth; to sponsor conferences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public schools of this state, the quality of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with local school systems and public and private educational institutions and agencies inside or outside the state for such purposes. Part 10 20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article. (b) As used in this Code section, the following words or terms shall have the following meanings: (1) `Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) `Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.

Page 1245

(3) `Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equiplment and furnishings for educational facilities. (4) `Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) `Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration. (6) `Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be limited to, the needs set forth in subsection (j) of this Code section based on the instructional program and service requirements of this article. (7) `Entitlement' refers to the maximum portion of the total need that may be funded in a given year. (8) `FTE student count' is defined as the average of the three FTE counts pursuant to Code Section 20-2-160

Page 1246

for a school year; provided, however, that the average daily membership shall be used in lieu of such FTE student counts for school years for which such counts are not available. (9) `Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues. (10) `Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164. (11) `Physical education facility' is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate. (12) `Renovation' or `modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. (13) `Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project. (14) `Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board. (15) `Weighted FTE student count' is defined as the average of the three weighted FTE counts pursuant to

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paragraph (11) of subsection (a) of Code Section 20-2-165. (c) The State Board of Education shall adopt policies, guidelines, and standards that meet the requirements specified in this Code section. The state board's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities;

Page 1248

extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys; (3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities, if any; and other construction projects needed to house the instructional programs authorized by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended

Page 1249

life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, FTE student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in FTE student projection research. In addition, the state board shall develop a consistent, systematic research approach to FTE student projections which will be used in the development of needs within each local unit. Projections shall not be confined to FTE resident students but shall be based on FTE student counts which include FTE nonresident students, whether or not such FTE nonresident students attend school pursuant to a contract between local school systems. The FTE projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation;

Page 1250

(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), and (h) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes. (d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements: (1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section; (2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code

Page 1251

section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system; (3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section; (4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds; (5) Submit requests for capital outlay funds to the Department of Education; (6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section; (7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section; and (8) Provide required local participation.

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(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites; (2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system; (4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites; (5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes; and

Page 1253

(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed. (f) The state and each local school system shall provide capital outlay funds for educational facilities in accordance with this subsection as follows: (1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing the local school system's net equalized adjusted school property tax digest per weighted FTE resident student by the state-wide net equalized adjusted school property tax digest per weighted FTE resident student. The resulting ratio shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local school system may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and (2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster. (g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization.

Page 1254

For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, adjusted as specified in this paragraph. (2) In setting the annual authorization level, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs shall be computed by summing the following: (A) The total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the FTE student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (d) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments

Page 1255

resulting from local financing of projects covered by the state board approved plan. (3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsection (f) of this Code section, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation. (5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:

Page 1256

(1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding: (A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met.

Page 1257

(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultaneously and that each construction project meets the following conditions: (1) A school size and organizational study has been completed by the Department of Education; (2) The local school system has adopted a comprehensive plan to reorganize to a K-5, 6-8, 9-12 organizational pattern, or an organizational pattern congruous with this pattern, and each school within the system funded under this subsection shall meet or exceed the base sizes specified in subsection (b) of Code Section 20-2-291 or the membership represented in these grade organizations is 100 percent of the local school system's student population in the affected grades; (3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education; (4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed; (5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board; (6) A schedule for funding the activities required to effect the reorganization or consolidation has been developed

Page 1258

as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period; (7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and (8) The required local participation and all other procedural requirements of this Code section are met. (j) The State Board of Education is authorized to request funds for planning studies one or two years prior to the request for the funding of specific facility projects or to include the costs of such studies within the total cost of facility projects; provided, however, that all such project design studies are for projects included in the local school systems' facility construction plans specified in paragraph (3) of subsection (c) of this Code section. (k) The State Board of Education shall request separate appropriations for each of the following categories: (1) Regular entitlements pursuant to subsection (g) of this Code section; (2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section; (3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section; (4) Construction projects resulting from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291; (5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and

Page 1259

(6) Planning studies pursuant to subsection (j) of this Code section. (l) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated: (1) Facility projects requested pursuant to subsection (g) of this Code section; (2) Planning studies; (3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities: (A) Facility projects needed to address extraordinary growth; (B) Facility projects resulting from destruction or damage caused by fire or natural disaster; (C) Facility projects needed to address hazards to health or safety; and (D) Facility projects needed for unhoused students; (4) Facility projects needed to effectuate local school system mergers pursuant to subsection (a) of Code Section 20-2-291; (5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities: (A) Students housed in substandard or obsolete facilities; (B) Facility projects designed to consolidate schools smaller than the respective base sizes; and

Page 1260

(C) Facility projects designed to meet state board requirements or for modernization; (6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and (7) Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection. (m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information network. The program shall be used in this subsection to forecast facility needs in each system by projecting FTE student counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate livebirth data to FTE student counts and project FTE student counts for each of the grades, including kindergarten, for each of the next five years using cohort survival. (n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required. 20-2-261. (a) The State Board of Education shall establish common minimum facility requirements which each public

Page 1261

school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses. (b) The State Board of Education shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy. (c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the State Board of Education for review and approval. Further, the state board shall have the authority, in accordance with Code Section 20-2-243, to withhold all or part of the state funds in support of this part from any local unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board. Part 11 20-2-270. (a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of providing shared services designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The regional educational service agencies established by the state board may legally be referred to as `RESA' or `RESA's.' The shared services to member local school systems shall include the following assistance: (1) Identifying or conducting research to educational improvements and in planning for the implementation of such improvements; (2) Developing and implementing staff development programs;

Page 1262

(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board; (4) Developing and implementing assessment and evaluation programs; and (5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management. The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272. (b) The service areas for the Georgia Learning Resources System and the Psychoeducational Network for severely emotionally disturbed students in place June 30, 1987, shall be continued for fiscal year 1988. If effective July 1, 1988, or any July 1 thereafter, the State Board of Education reorganizes the service areas of regional educational service agencies from the 16 service area arrangement in place June 30, 1987, the state board shall also review effective the same date the service areas for the Georgia Learning Resources System and the Psychoeducational Network to be compatible with the reorganized service areas for the regional educational service agencies. Upon the request of a majority of the local school superintendents of the local school systems within the service area of a unit of the Georgia Learning Resources System or of the Psychoeducational Network, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Georgia Learning Resources System or the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency

Page 1263

is designated as the fiscal agent for the service area of a unit of the Georgia Learning Resources System or of the Psychoeducational Network, all member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System or the Psychoeducational Network, respectively. The state board is authorized to contract with regional educational service areas to provide educational services to students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-152. 20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas. (b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually. 20-2-272. (a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that at least one-third

Page 1264

of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus. (b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval. (c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies. (d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost effectiveness of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities

Page 1265

by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives. (e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provisions, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271. 20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the executive officer

Page 1266

of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control. (b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in Code Section 20-2-270. 20-2-274. (a) For fiscal year 1988, the State Board of Education shall grant, subject to appropriation by the General Assembly, the funds to continue the operations of regional educational service agencies in a manner similar to the preceding fiscal year, adjusted only to reflect changes in the salaries and operational costs similar to those made for local school systems under this article; further, in those instances that regional educational service agencies are designated as fiscal agents, the state board shall grant additional funds needed to provide instructional and support services to students eligible for the Psychoeducational Network and to provide services under the Georgia Learning Resources System to all local school systems contained in the respective service areas. Beginning fiscal year 1989 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local

Page 1267

school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. In the event a regional educational service agency is designated as the fiscal agent for the Georgia Learning Resources System or for the Psychoeducational Network for severely emotionally disturbed students, the state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the fiscal agent as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources. (b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system by this article; provided, however, that, upon the official request of a local school system, the state board may send directly to a regional educational service agency any funds allocated to a local school system. All grants from the state along with the contributions from member local school systems and funds from other sources shall be budgeted by the board of control. Part 12 20-2-280. The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the

Page 1268

educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies. 20-2-281. (a) The State Board of Education shall adopt norm-referenced and criterion-referenced instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments shall be administered to students in grades two, four, seven, and nine. Criterion-referenced instruments, or other instruments that the state board may develop which measure student performance relative to the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140, shall be administered to students in grades one, three, six, eight, and ten. All such assessments shall place emphasis upon reading, writing, and mathematics but shall include science and social studies. The nationally normed assessments shall provide students and their parents with grade equivalencies and

Page 1269

percentile ranks which result from the administration of such tests. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of all grade levels and content areas contained within the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at each grade level shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels relative to said curriculum. These assessments of student achievement shall be used as one of the criteria for awarding salary supplements on a career ladder program pursuant to Code Section 20-2-213 and as one of the components in the comprehensive evaluation pursuant to Code Section 20-2-282. (b) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements

Page 1270

for a high school diploma but who has nevertheless completed his or her Individualized Education Program. 20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units: (A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics; (E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of student count procedures; (G) The accuracy of fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and

Page 1271

(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. (2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education. (b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education. (c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evaluations pursuant to subsection (a) of this Code section as `standard.' The state board shall award certificates of acknowledgment for superior performance to all such units which receive superior comprehensive evaluations relative to units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for incentive awards in Code Section 20-2-253, and shall designate such units as `exemplary.' The state board shall designate all such units which receive unsatisfactory comprehensive evaluations relative to comparable units as `nonstandard.' The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process. (d) Each local school system shall annually inform the citizens residing within its area concerning the collective

Page 1272

achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. (e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which

Page 1273

it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly. (f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality. 20-2-283. (a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans. (b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit. (c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each

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local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan. (d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions: (1) Increase the local fair share of a local school system pursuant to Code Section 20-2-164 or the local share of a RESA pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount; or (2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243; or (3) File a civil action in the superior court of the county wherein a local school system or RESA office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the RESA board of control or RESA director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement

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the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection. Part 13 20-2-290. The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the FTE count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school

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grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the FTE count for the middle grades program in qualified middle schools. 20-2-291. (a) In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly. (b) In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the base sizes specified in subsection (c) of this Code section or 100 percent of the student population for the respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consolidation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation. (c) As used in this subsection, the term: (1) `Base size for a middle school' is defined as the base size specified in Code Section 20-2-181 for the middle grades program. (2) `Base size for a high school' is defined as the base size specified in Code Section 20-2-181 for the high school general education program.

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(3) `Base size for an elementary school' is defined as the base size specified in Code Section 20-2-181 for the primary grades program. (4) `Elementary school' is defined as a school which contains any grade below grade four and does not contain any grade above grade eight. (5) `High school' is defined as a school which contains any grade above grade eight. (6) `Middle school' is defined as a school which contains no grade below grade four and no grade above grade eight. (7) `Quality Basic Education organizational pattern' is defined as a K-5, 6-8, 9-12 organizational pattern of school levels or any other pattern which is congruous with this pattern. (8) `School level' is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection. In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified base size for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the respective base size and organizational pattern consistent with the Quality Basic Education organizational pattern or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolidation of schools. (d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following: (1) No student shall be expected or required to travel a greater time than the maximum travel time prescribed

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by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and (2) In the event of such local school system merger or school consolidation, all instructional facilities will be utilized for public educational purposes to the extent feasible and practical. (e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following: (1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study; (2) The state board has conducted a feasibility study; (3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study; (4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and (5) The state board has approved the recommendations of the feasibility study. 20-2-292. (a) The State Board of Education shall provide sparsity grants to qualified local school systems beyond those funds to which they otherwise are entitled by the provisions of this article and other statutes, subject to appropriation by the General Assembly. To qualify for a sparsity grant, a local school system shall meet the following conditions: (1) The local school system is unable to offer its students or a portion of its students educational programs

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and services comparable to those which are typically being offered to students in this state under provisions of this article with the funds provided for this purpose; and (2) The inability to offer students comparable programs and services is attributable, at least in part, to the fact that the local school system has FTE counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have FTE counts less than the base sizes referenced pursuant to subsection (c) of Code Section 20-2-291; and (3) The state board has found, based upon a study it has completed within the past five years, that merger of local school systems or the consolidation of schools pursuant to Code Section 20-2-291, whichever applies to the specific situation, is unfeasible because consolidation of schools would result in a proportion of students whose travel time to such schools would be in excess of the state board prescribed criteria concerning travel time to and from assigned schools; or (4) The state board has concluded based upon a study pursuant to subsection (e) of Code Section 20-2-291, that merger of local school systems and the resulting consolidation of schools is feasible and the local school system has met the state board prescribed criteria concerning efforts to effectuate such a merger of the local school systems, but officials or voters of the other local school system or systems party to such merger efforts have rejected the proposed merger; or (5) The adjoining local school system or systems have refused to participate in a study pursuant to subsection (e) of Code Section 20-2-291 to determine the feasibility of a merger; or (6) The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its students even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the sizes

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specified pursuant to subsection (c) of Code Section 20-2-291. (b) The State Board of Education shall conduct a sparsity grant needs study for each local school system meeting the conditions set forth in subsection (a) of this Code section. The needs study shall include at least the following: (1) The identification of all instructional, administrative, and support service resources essential to the provision of educational programs and services to all students in a manner comparable to those educational programs and services which are typically offered to students in this state under the provisions of this article with the funds provided for this purpose; (2) The identification of resources which will actually be provided under the provisions of this article; and (3) The assignment of cost to all such resources which are identified as needed under paragraph (1) of this subsection but not identified as being provided under paragraph (2) of this subsection. The sparsity grant to an eligible local school system shall be equal to the total cost assigned to resources needed but not being provided pursuant to paragraph (3) of this subsection, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under the provisions of this article. (c) Once a local school system receives a sparsity grant under the provisions of this Code section, it shall continue to be eligible for such grant; provided, however, that it meets the following conditions: (1) It continues to meet the conditions of subsection (a) of this Code section; (2) A feasibility study pursuant to subsection (e) of Code Section 20-2-291 concerning the merger of school systems has been done within the past five years by the State Board of Education if the local school system has

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a FTE count less than the base size specified pursuant to Code Section 20-2-181 or the potential party local school system or systems have refused to participate in such a feasibility study or have refused to adopt its recommendations; and (3) A sparsity grant needs study pursuant to subsection (b) of this Code section has been done within the past five years. (d) All local school systems which received funds during fiscal year 1986 under a grant titled `isolated schools' shall continue to receive such grants, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under other provisions of this article, until the State Board of Education has completed the studies prescribed in this Code section or until July 1, 1989, whichever occurs first, subject to appropriation by the General Assembly. 20-2-293. The provisions of this article and other statutes to the contrary notwithstanding, the State Board of Education is authorized to provide a procedure whereby a student shall, for such compelling reasons and circumstances as may be specified by the state board, be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administration wherein the student resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve voluntarily such transfer of the student to the public schools of the other local unit; provided, however, that the board of education of the local unit is willing to receive and to permit such student to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for students to attend such schools, for the purpose of permitting state funds to follow such students, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of

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administration may contract with each other for the care, education, and transportation of students and for such other activities as they may be authorized by law to perform. Part 14 20-2-300. The State Board shall have authority to provide for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools which may or may not require use by local units of administration of additional specially qualified personnel and special equipment necessitating allotment of additional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as it may find necessary or desirable to implement on a state-wide basis. Local units of administration may, prior to implementation of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for additional funds necessary for operation of such programs, provided the General Assembly has appropriated funds for this purpose. 20-2-301. The State Board of Education shall be empowered to form the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Governor's office, no fewer than three representatives of the Department of Education, no fewer than three representatives of the Department of Human Resources, and no fewer than three representatives of the Department of Corrections. At least one of each department's representatives shall be from the upper levels of management, and all representatives shall be designated by their respective department heads. The committee shall be provided a full-time staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding

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services to handicapped individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and local unit of administration level. 20-2-302. The State Board of Education shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board. 20-2-303. (a) The State Board of Education shall annually determine the cost of public school educational television programming, including the state-wide cost of production and purchase of videotapes and other materials. Such costs shall be paid entirely from state funds, subject to appropriation by the General Assembly. (b) The state board shall develop a comprehensive plan for carrying out the public school educational purposes of this Code section. Such plan shall include, but not be limited to, reviewing the utilization of educational television for instructional purposes, the purchase and construction of facilities or equipment, and improvements in the effectiveness of instruction through telecommunications. (c) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate the authority and duties found in subsections (a) and (b) of this Code section and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission, and the commission may contract for the purposes of subsections (a) and (b) of this Code section with public telecommunications facilities owned by an independent school system prior to 1960. 20-2-304. (a) The State Board of Education shall maintain an adult general education program. 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.

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Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of general educational development (GED) equivalency diplomas. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general education program pursuant to Code Section 20-2-150. (b) Except where prohibited by federal law, rules, or regulations, local units of administration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education. (c) The State Board of Education is authorized to receive federal funds allotted to Georgia for adult education. The state 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 state board policies, regulations, and standards. Any other Code section of this article to the contrary notwithstanding, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals. 20-2-305. (a) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries.

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This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35 per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for 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 regulations 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 make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and handicapped citizens of this state. (c) The State Board of Education shall 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 authorized as the sole agency to receive federal funds allotted to this state for public libraries. (e) The State Board of Education shall adopt policies and regulations to implement this Code section. 20-2-306. (a) The State Board of Education is authorized to inaugurate an honors program for students in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made exceptional academic achievements. This program shall be conducted during summer months between normal school-year terms at institutions of higher learning or other appropriate centers within this state with facilities adequate

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to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria established by the state board, and operating costs shall be paid by the state board from funds made available for this purpose by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs. (b) The State Board of Education is authorized to inaugurate and operate a residential high school program for highly gifted and talented youth of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of each student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, in cooperation with one or more of the state universities or colleges from funds provided by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as needed for the effective operation of this program. 20-2-307. The State Board of Education shall have authority to provide for the operation of youth camps, foodprocessing programs, and young farmer programs. The state board shall annually determine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed. 20-2-308. Reserved. 20-2-309. Reserved. 20-2-310. (a) Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware

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of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. (b) Each student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day. (c) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school. 20-2-311. (a) (1) There is established a State Board of Postsecondary Vocational Education consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry, or economic development. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired term of office. (2) The State Board of Postsecondary Vocational Education shall be empowered to:

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(A) Approve occupational programs of two-year duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia; (B) Receive and hold title to property, equipment, money, and materials; (C) Solicit and receive funds from the general public, corporate underwriters, and foundations; (D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities; (E) Select and employ an executive director and staff and prescribe the duties and compensation thereof; (F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institutions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level; and (G) Establish local boards of directors for postsecondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed

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by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic development. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local board of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in paragraph (4) of this subsection for state board members. (3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state. (4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which

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employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Postsecondary Vocational Education. (5) The State Board of Postsecondary Vocational Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members. (6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities. (7) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the `sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for

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fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, and the state merit system. (8) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education. (9) Any other Code section of this article to the contrary notwithstanding, and subject to appropriation by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this Code section. (10) Any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocational-technical schools and adult vocational centers. (11) Nothing in this Code section shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of education to operate schools.

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(12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occupational education and training needs of business, industry, and students and which enhances the state's competitive position for economic development. (13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the provisions of this article. The executive director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings. (14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the State Board of Postsecondary Vocational Education. (15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on or after July 1, 1985, and all fulltime nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employment, if otherwise eligible under

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laws, rules, and regulations, unless such personnel select membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees of the option provided for by this paragraph so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment. (16) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations. (17) Employees of postsecondary vocational-technical schools governed by the state board shall serve in the

Page 1294

unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service. (18) Employees of postsecondary vocational-technical schools governed by the state board who are appointed after July 1, 1987, or after the date on which the state board assumes governance of the postsecondary vocational-technical schools shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the state board. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the state board deems appropriate. (19) Employees of postsecondary vocational-technical schools formerly operated by a local board of education or area postsecondary vocational education board shall as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school make a choice as follows as to which salary and which benefit plan shall govern their employment: (A) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the state board. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits available to state employees employed by the state board. The future salaries of employees making this

Page 1295

choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary vocational education boards; (B) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by the state board as of the same date, provided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accordance with the state board compensation plan; or (C) Employees of postsecondary vocational-technical schools formerly operated by local boards of education or area postsecondary vocational-technical boards who choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by subparagraph (B) of this paragraph. (20) Employees in the classified service of the state merit system who are employed by postsecondary vocational-technical schools governed by the state board who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election. (21) An employee of a postsecondary vocational-technical school governed by the state board may be granted an amount of initial accrued sick and annual leave; provided,

Page 1296

however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the state board; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, any leave granted under this paragraph shall be subject to the same limitations as leave accrued while employed by the state board, including forfeiture. (22) Employees of postsecondary vocational-technical schools governed by the state board shall accrue sick leave as provided for by the rules and regulations of the State Personnel Board. (23) Employees of postsecondary vocational-technical schools governed by the state board shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Personnel Board. The state board may by policy establish conditions regulating such days off with pay. Such employees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purposes of determining the number of annual leave days authorized to be accrued by the rules and regulations of the State Personnel Board, years of experience in the employment of local boards of education or area postsecondary vocational education boards shall be counted as years of experience in the employment of the vocational-technical schools governed by the state board. (b) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational

Page 1297

Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section. (c) Upon a postsecondary vocational-technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary vocational-technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose. Part 15 20-2-320. (a) The Governor, prior to July 15, 1985, shall appoint a task force composed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration, public libraries, and postsecondary area vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. (b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education and local units of administration, public libraries, and postsecondary area vocational-technical schools. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide comprehensive educational information network, including any funding needed for equipment and software for local units of administration,

Page 1298

public libraries, and postsecondary area vocational-technical schools. (c) Any information collected over the state-wide comprehensive educational information network shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Such data shall be transmitted by electronic medium no later than July 1, 1989. (d) The state-wide comprehensive educational information network shall be substantially completed prior to July 1, 1988, and shall be fully completed by July 1, 1989; provided, however, that the task force appointed by the Governor shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1990. The task force shall develop a timetable for implementation of the information network and shall annually report to the Governor and to the General Assembly progress toward completion of the network. The task force shall be abolished on July 1, 1989, unless extended beyond that date by order of the Governor. As used in this Code section, `substantially completed' is defined, at a minimum, as including complete FTE counts, the uniform budgeting and accounting system, and complete salary data for each local school system. 20-2-321. The State Board of Education shall maintain, according to the specific data categories defined by the task force created under Code Section 20-2-320, expenditure records for each instructional program and other grant program under this article. As a part of its annual budget request, the state board shall specify the teacher-student ratios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available to the Appropriations and Education committees of the House of Representatives and Senate of the General Assembly. 20-2-322. The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or activity expansion related to or contemplated in this article which would result in additional expenditures by the state if such expenditures are not funded or otherwise

Page 1299

contemplated by the General Assembly in an Appropriations Act in force or to be in force within one year. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1987. PUBLIC OFFICERS AND EMPLOYEES COMPENSATION WHILE ON MILITARY DUTY. Code Section 38-2-279 Amended. No. 752 (House Bill No. 402). AN ACT To amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance of ordered military duty; 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 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, is amended by striking subsection (e) of said Code section in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) Every public officer or employee shall be paid his salary or other compensation as such public officer or employee

Page 1300

for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 days in any one calendar year and not exceeding 18 days in any one continuous period of absence. In the event the Governor declares an emergency and orders any public officer or employee to state active duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his salary or other compensation as a public officer or employee for a period not exceeding 30 days in any one calendar year and not exceeding 30 days in any one continuous period of such state active duty service. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. APPROPRIATIONS S.F.Y. 1986-87. No. 753 (House Bill No. 2). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1986-1987 known as the General Appropriations Act, approved April 11, 1986, (Ga. L. 1986, p. 1337), as amended by an Act approved February 24, 1987 (Act No. 46, HB 225), so as to change certain appropriations for the State Fiscal Year 1986-1987; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1301

Section 1. An Act providing appropriations for the State Fiscal Year 1986-1987, known as the General Appropriations Act, approved April 11, 1986 (Ga. L. 1986, p. 1337), as amended by an Act approved February 24, 1987 (Act No. 46, HB 225), is amended by inserting at the end of Section 23 the following: Provided, however, the Georgia State Financing and Investment Commission and the Georgia Building Authority are authorized to apply $2,000,000 of existing General Obligation Bond proceeds for renovations, asbestos removal and Central Energy Plant connections and modifications in office buildings on Capitol Hill. Section 2. Said Act is further amended by striking Section 13 in its entirety and inserting a new Section 13 to read as follows: Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 34,549,630 Administration and Services Budget: Personal Services $ 34,769,342 Regular Operating Expenses $ 7,033,083 Travel $ 225,500 Motor Vehicle Purchases $ 432,999 Publications and Printing $ 161,000 Equipment Purchases $ 1,322,587 Computer Charges $ 8,142,148 Real Estate Rentals $ 3,076,772 Telecommunications $ 625,494 Per Diem, Fees and Contracts $ 397,500 Rents and Maintenance Expense $ 19,489,244 Utilities $ 39,000 Postage $ 252,955 Payments to DOAS Fiscal Administration $ 1,960,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 507,000 Telephone Billings $ 29,768,614 Materials for Resale $ 9,913,000 Public Safety Officers Indemnity Fund $ 609,000 Health Planning Review Board Operations $ 50,000 Georgia Golf Hall of Fame Operations $ 30,000 Hazardous Materials Liability Reserve Fund $ 500,000 Authorities Liability Reserve Fund $ 3,000,000 Total Funds Budgeted $ 122,205,238 State Funds Budgeted $ 34,549,630

Page 1302

Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 382,991 $ 382,991 Departmental Administration $ 2,605,676 $ 2,605,676 Treasury and Fiscal Administration $ 12,343,674 $ 10,383,674 Central Supply Administration $ 9,584,680 $ 0 Procurement Administration $ 2,471,275 $ 2,471,275 General Services Administration $ 577,217 $ 0 Space Management Administration $ 478,752 $ 478,752 Data Processing Services $ 47,337,926 $ 12,227,262 Motor Vehicle Services $ 2,489,048 $ 0 Communication Services $ 35,588,052 $ 6,000,000 Printing Services $ 5,349,250 $ 0 Surplus Property Services $ 1,289,717 $ 0 Mail and Courier Services $ 463,016 $ 0 Risk Management Services $ 1,343,964 $ 0 Total $ 122,205,238 $ 34,549,630

Page 1303

B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 15,877,790 Regular Operating Expenses $ 3,875,007 Travel $ 12,000 Motor Vehicle Purchases $ 36,000 Publications and Printing $ 50,000 Equipment Purchases $ 153,280 Computer Charges $ 41,000 Real Estate Rentals $ 42,200 Telecommunications $ 91,916 Per Diem, Fees and Contracts $ 143,800 Capital Outlay $ 230,000 Utilities $ 7,382,353 Contractual Expenses $ 90,000 Fuel $ 25,000 Facilities Renovations and Repairs $ 5,200,000 Total Funds Budgeted $ 33,250,346 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,843,816 $ 0 Custodial $ 4,400,261 $ 0 Maintenance $ 4,371,540 $ 0 Security $ 3,564,008 $ 0 Van Pool $ 119,267 $ 0 Sales $ 3,600,160 $ 0 Administration $ 9,746,853 $ 0 Railroad Excursions $ 404,441 $ 0 Facility Renovations $ 5,200,000 $ 0 Undistributed $ 0 $ 0 Total $ 33,250,346 0

Page 1304

Section 3. Said Act is further amended by striking Section 19 in its entirety and inserting a new Section 19 to read as follows: Section 19. State Board of Education - Department of Education. Budget Unit: Department of Education $2,2012,513,762 Operations: Personal Services $ 33,021,579 Regular Operating Expenses $ 3,774,443 Travel $ 1,141,352 Motor Vehicle Purchases $ 115,137 Publications and Printing $ 401,894 Equipment Purchases $ 380,301 Computer Charges $ 7,490,001 Real Estate Rentals $ 2,145,255 Telecommunications $ 617,420 Per Diem, Fees and Contracts $ 10,127,685 Utilities $ 1,020,045 Capital Outlay $ 1,030,000 QBE Formula Grants: Kindergarten $ 120,621,279 Grades 1 - 3 $ 330,888,401 Grades 4 - 8 $ 390,033,137 Grades 9 - 12 $ 209,108,876 High School Laboratories $ 58,367,296 Vocational Education Laboratories $ 67,642,730 Special Education $ 104,393,896 Gifted $ 10,417,109 Remedial Education $ 13,383,097 Staff Development $ 5,967,005 Media $ 62,040,723 Indirect Cost $ 340,262,204 Pupil Transportation $ 99,064,112 Prepaid Teacher Retirement $ (142,000,000) Mid-term Adjustment $ 13,916,819 Isolated Schools $ 886,547 July and August APEG Salaries $ 231,951,498 Local Fair Share $ (263,245,650) Other Categorical Grants: Equalization Formula $ 84,407,589 Grants for Contract Transfer Payments $ 0 Sparsity Grants $ 500,000 Non-QBE Grants: Education of Children of Low-Income Families $ 92,981,253 Retirement (H.B. 272 and H.B. 1321) $ 1,700,000 Instructional Services for the Handicapped $ 19,713,309 Tuition for the Multi-Handicapped $ 1,472,000 Severely Emotionally Disturbed $ 26,414,029 School Lunch (Federal) $ 121,090,490 School Lunch (State) $ 20,939,378 Innovative Programs $ 548,000 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 5,116,748 Regional Educational Service Agencies $ 5,445,605 Georgia Learning Resources System $ 2,112,694 High School Program $ 13,012,796 High School Program Salaries for July and August $ 6,265,656 Special Education in State Institutions $ 2,603,867 Governor's Scholarships $ 578,000 Special Projects $ 992,400 Job Training Partnership Act $ 2,860,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 3,634,434 Salaries and Travel of Public Librarians $ 7,926,960 Public Library Materials $ 4,133,430 Talking Book Center $ 737,570 Public Library M O $ 3,204,525 Hold Harmless Provision for Special Education $ 21,095,913 Health Insurance for Non - Certificated Personnel $ 21,624,000 Teacher Health Insurance for Retired Teachers $ 7,807,000 Payment of Federal Funds to Postsecondary Vocational Education $ 11,465,031 Grants to Local School Systems for Educational Purposes $ 78,000,000 Child Care Lunch Program (Federal) $ 14,261,645 Chapter II - Block Grant Flow Through $ 9,612,399 Preparation of Professionals for Teaching Handicapped $ 67,221 Profound Special Education $ 1,572,411 Title II (Math and Science) $ 34,247 Asbestos Abatement in Local Schools $ 3,100,000 Total Funds Budgeted $2,312,361,331 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $2,012,513,762

Page 1307

Education Functional Budgets Total Funds State Funds Instructional Services $ 7,455,943 $ 4,433,637 Governor's Honors Program $ 834,740 $ 808,440 Vocational Education $ 5,714,192 $ 2,533,653 Public Library Services $ 1,960,903 $ 960,839 State Administration $ 9,560,375 $ 8,312,570 Administrative Services $ 9,112,329 $ 5,702,655 Planning and Development $ 10,732,268 $ 9,621,965 Professional Standards Commission $ 194,300 $ 194,300 Professional Practices Commission $ 472,836 $ 472,836 Local Programs $2,251,096,219 $1,965,185,093 Georgia Academy for the Blind $ 4,011,642 $ 3,651,836 Georgia School for the Deaf $ 6,185,911 $ 5,920,266 Atlanta Area School for the Deaf $ 5,029,673 $ 4,715,942 Total $2,312,361,331 $2,012,513,762 Section 4. Said Act is further amended by striking Section 47 in its entirety and inserting a new Section 47 to read as follows:

Page 1308

Section 47. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 257,516,432 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 43,821,000 Section 5. Said Act is further amended by striking Subsection B of Section 38, relating to the Regents, University System of Georgia, in its entirety and inserting in lieu thereof a new Subsection B to read as follows: B. Budget Unit: Regents Central Office and Other Organized Activities $ 122,975,203 Regents Central Office and Other Organized Activities Budget: Regular Personal Services $ 162,708,899 Sponsored Personal Services $ 49,528,203 Regular Operating Expenses $ 69,089,258 Sponsored Operating Expenses $ 22,314,962 Fire Ant and Environmental Toxicology Research $ 257,561 Agricultural Research $ 1,571,440 Advanced Technology Development Center $ 1,017,243 Capitation Contracts for Family Practice Residency $ 2,580,000 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 556,625 Talmadge Hospital Capital Outlay $ 0 Agricultural Experiment Station Equipment $ 200,000 SREB Payments $ 6,181,600 Medical Scholarships $ 611,750 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Payments to Georgia Military College $ 608,124 Total Funds Budgeted $ 320,565,395 Departmental Income $ 1,932,626 Sponsored Income $ 71,843,165 Other Funds $ 123,258,701 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 122,975,203

Page 1309

Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,524,638 $ 1,000,788 Skidaway Institute of Oceanography $ 3,024,223 $ 1,306,423 Marine Institute $ 1,517,798 $ 769,450 Georgia Tech Research Institute $ 82,081,924 $ 9,934,160 Engineering Extension Division $ 3,611,087 $ 1,808,387 Agricultural Experiment Station $ 45,027,672 $ 29,077,027 Cooperative Extension Service $ 43,720,465 $ 28,526,098 Eugene Talmadge Memorial Hospital $ 113,568,545 $ 29,150,861 Veterinary Medicine Experiment Station $ 2,688,501 $ 2,688,501 Veterinary Medicine Teaching Hospital $ 2,136,034 $ 414,446 Joint Board of Family Practice $ 5,447,570 $ 5,447,570 Georgia Radiation Therapy Center $ 1,417,911 $ 0 Athens and Tifton Veterinary Laboratories $ 2,000,535 $ 53,000 Regents Central Office $ 12,798,492 $ 12,798,492 Undistributed $ 0 $ 0 Total $ 320,565,395 $ 122,975,203

Page 1310

Section 6. Said Act is further amended by striking from Section 50, relating to the Superior Courts, the final clause in said section, and by substituting in lieu thereof the following final clause: provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit judges with fewer than ten years of experience to attend the Judicial College. Section 7. Said Act is further amended by striking from the first line in Section 88 the figure $3,050,547 and by substituting in lieu thereof the figure $1,782,817, so that said first line shall now read: Employee Termination Fund $1,782,817 Section 8. Said Act is further amended by adding at the end of Section 60, relating to the Department of Human Resources, the following: Provided that Central State Hospital is authorized to utilize up to $50,000 of agency funds to complete the wood energy steam plant ash collector system.

Page 1311

Section 9. Said Act is further amended by striking the second paragraph from Section 66, relating to the Department of Corrections, and by substituting a new second paragraph to read as follows: The Department of Corrections is authorized to utilize up to $200,000 of available surplus for land acquisition for a prison in Telfair County. Section 10. Said Act is further amended by striking Section 89, relating to the State of Georgia General Obligation Debt Sinking Fund in its entirety, and inserting in lieu thereof a new Section 89 to read as follows: Section 89. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,293,100 is specifically appropriated for the purpose of financing a hotel, conference center and related facilities for the Stone Mountain Memorial Association by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,244,300 is specifically appropriated for the purpose of financing a prison for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt,

Page 1312

the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,403,200 is specifically appropriated for the purpose of financing incarceration facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,390,700 is specifically appropriated for the purpose of financing research and teaching facilities for the Board of Regents by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,878,400 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,062,000 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the

Page 1313

acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $419,600 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Department of Natural Resources, for the project provided for in the Georgia Agricultural Exposition Authority Act and pursuant to O.C.G.A. Section 12-3-484, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $667,000 is specifically appropriated for the purpose of financing design and construction of parking facilities in Atlanta, Georgia, for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $866,100 is specifically appropriated for the purpose of financing the purchase and installation of computer and related equipment for the Georgia Bureau of Investigation for the Georgia Crime Information Center by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith,

Page 1314

through the issuance of not more than $3,675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,084,100 is specifically appropriated for the purpose of financing a water park and tennis facilities for the Jekyll Island State Parks Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $161,500 is specifically appropriated for the purpose of financing a cattle farm for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $18,239,800 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $77,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,649,600 is specifically appropriated for the purpose of financing

Page 1315

the expansion of the Central Energy Facility at the State Capitol for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,371,900 is specifically appropriated for the purpose of financing a program of improvement and development of State parks for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,095,500 is specifically appropriated for the purpose of financing public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $900,000 is specifically appropriated for the purpose of financing public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real

Page 1316

and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,000,000 is specifically appropriated for the purpose of financing a prison for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $620,000 is specifically appropriated for the purpose of financing renovations and improvements of office buildings and warehouse facilities of the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $621,500 is specifically appropriated for the purpose of financing incarceration facilities and related structures for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $52,500

Page 1317

is specifically appropriated for the purpose of financing teaching facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $150,000 is specifically appropriated for the purpose of financing improvements at the Atlanta Farmers Market for the Georgia Building Authority (Markets) by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $334,000 is specifically appropriated for the purpose of financing the construction and equipping of a food service facility at Gracewood State School and Hospital for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $80,000 is specifically appropriated for the purpose of financing the construction and equipping of detention facilities at the Augusta Youth Development Center for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property,

Page 1318

buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $225,000 is specifically appropriated for the purpose of financing the construction and equipping of a nursing facility for the Georgia Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 11. Said Act is further amended by adding at the end of Section 83 the following: (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 12. Said Act is further amended by striking Section 91, relating to the Total State Appropriations, in its entirety and by substituting in lieu thereof a new Section 91, to read as follows: Section 91. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1987 $5,412,773,000 Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. COUNTY PROBATION SYSTEMS IN COUNTIES OF MORE THAN 100,000 IN METROPOLITAN STATISTICAL AREAS OF NOT LESS THAN 200,000 NOR MORE THAN 230,000. Code Section 42-8-43.2 Enacted. No. 754 (House Bill No. 232). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, so as to provide for state participation in the cost of funding certain county probation systems under certain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 200,000 nor more than 230,000 according to the United States decennial census of 1980 or any future such census shall become a part of the state-wide probation system on a certain date; to provide that employees of each such county probation system shall, at their option, become employees of the Department of Corrections and be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced; to provide that when an employee of each such county probation system becomes an employee of the Department of Corrections at the same or a greater salary, the change in employment shall not constitute involuntary separation or termination from employment within the meaning of any local retirement or pension

Page 1320

system of which the employee was a member at the time of such change in employment and that the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system; to provide that leave time accrued by an employee of such county probation system shall not be transferable; 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 . Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, is amended by adding between Code Sections 42-8-43.1 and 42-8-44 a new Code Section 42-8-43.2 to read as follows: 42-8-43.2. (a) This Code section shall apply to county probation systems, including state court adult probation systems, of each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 200,000 nor more than 230,000 according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal year 1987-88. The department shall compute the state cost per probationer on a state-wide basis for such fiscal year pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For said fiscal year, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section 10 percent of the state-wide cost per probationer for each probationer being supervised under the respective county probation system as of the first day of said fiscal year. The funds necessary to participate in the cost of county probation systems under this subsection shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in this subsection shall be made by, or pursuant to the order of, the

Page 1321

department in single lump sum payment for fiscal year 1987-88, with the payment being made by May 1, 1988. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the county shall cause to be made an independent audit of the financial affairs and transactions of all funds and activities of the county probation system and agree to be responsible for any discrepancies, obligations, debts, or liabilities of such county probation system which may exist prior to the department's participation in the cost of the county's probation system. As a further condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (b) The county probation system of any such county shall become a part of the state-wide probation system provided for by this article effective July 1, 1988, and shall be fully funded from state funds as part of the state-wide probation system beginning with fiscal year 1988-89. The employees of such county probation system, at their option, shall become employees of the department on the date said county system becomes a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) When an employee of a county probation system becomes an employee of the department pursuant to subsection (b) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. (d) No leave time accrued by an employee of a county probation system shall be transferred when the employee

Page 1322

becomes a state employee. Any leave time accrued by an employee of such county probation system shall be satisfied as a debt owed to the employee by the county. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that state funding under this Act shall not commence until fiscal year 1987-88. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. REVENUE AND TAXATION SPECIAL PURPOSE COUNTY SALES AND USE TAXATION; PURPOSES; GENERAL OBLIGATION DEBT; SUBMISSION TO VOTERS; AUTOMATIC REPEAL. Code Sections 48-8-111, 48-8-112, and 48-8-121 Amended. Code Section 48-8-122 Enacted. No. 755 (House Bill No. 479). AN ACT To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to provide that such taxes may be imposed for any combination of previously authorized purposes; to provide that such taxes may be imposed for the purpose of certain cultural, recreational, and historic facilities and for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities; to provide that such taxes may be imposed for the purpose of retiring certain previously incurred general obligation debt; to change the

Page 1323

method of submission of imposition or reimposition of the tax to the voters and the method of advertisement of the same; to provide that no general obligation debt shall be issued in connection with the imposition of the tax when the tax is imposed in whole or in part for road, street, or bridge purposes; to change provisions relating to the termination of the tax; to change provisions relating to authorized uses of proceeds of the tax; to change provisions relating to issuance of general obligation debt in connection with the imposition of the tax; to provide for the automatic repeal of said Article 3 of Chapter 8 of Title 48 and for the termination of the authority to impose special purpose county sales and use taxes; to provide for continuation of previously imposed and authorized taxes; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, is amended by striking Code Section 48-8-111, relating to authorization for and imposition of the tax and issuance of debt, and inserting in its place a new Code section to read as follows: 48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify: (1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include any of the following purposes: (A) Road, street, and bridge purposes; (B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of

Page 1324

the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or an historic facility (or a facility for some combination of such purposes); (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant

Page 1325

to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial census or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities; (G) The retirement of previously incurred general obligation debt of the county (other than general obligation debt incurred for road, street, or bridge purposes), if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or (H) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, for which the tax may be imposed; (3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed in whole or in part for road, street, and bridge purposes the maximum cost and maximum proceeds to be raised shall be omitted; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole or in part for road, street, and bridge purposes, the principal amount of the debt to be issued, the

Page 1326

purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following: `() YES () NO Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in..... County for a period of.....?' (d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

Page 1327

`() YES () NO Shall a special 1 percent sales and use tax be imposed in..... County for a period of time not to exceed..... and for the raising of not more than $..... for the purpose of.....?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: `If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of..... County in the principal amount of $..... for the above purpose.' (3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following: `() YES () NO Shall a special 1 percent sales and use tax be imposed in..... County for a period of....., for road, street, and bridge purposes and for the purpose of.....?' (e) All persons desiring to vote in favor of imposing the tax shall vote `Yes' and all persons opposed to levying the tax shall vote `No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result

Page 1328

to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt.

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Section 2. Said article is further amended by striking Code Section 48-8-112, relating to imposition and termination of the tax, and inserting in its place a new Code section to read as follows: 48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) If the tax was imposed solely for purposes other than road, street, and bridge purposes, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c) No county shall impose at any time more than a single 1 percent tax under this article. A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election

Page 1330

may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. Following the expiration of a tax under this article, a county may likewise initiate proceedings for the reimposition of a tax under this article. Section 3. Said article is further amended by striking Code Section 48-8-121, relating to use of proceeds of the tax, and inserting in its place a new Code section to read as follows: 48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure. (b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes. If the tax is imposed solely for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines

Page 1331

that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. (d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section. (e) (1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes.

Page 1332

(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used. (g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed in whole or in part for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes. Section 4. Said article is further amended by adding at the end thereof a new Code Section 48-8-122 to read as follows: 48-8-122. This article shall be repealed upon the date on which an Act or constitutional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With

Page 1333

respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article. 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 repealed. Approved April 17, 1987. INSURANCE GROUP LIFE INSURANCE; MAXIMUM COVERAGE FOR DEBTORS. Code Section 33-27-1 Amended. No. 756 (House Bill No. 553). AN ACT To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance requirements generally, so as to increase the maximum coverage for debtors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance requirements generally, is amended by striking subparagraph (D) of paragraph (2) of said Code section in its entirety and substituting in lieu thereof a new subparagraph (D) to read as follows:

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(D) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments, the amount of the unpaid indebtedness, or $75,000.00, whichever is less. Where the indebtedness is repayable in one sum to the creditor, the insurance on the life of any debtor shall in no instance be in effect for a period in excess of 18 months, except that such insurance may be continued for an additional period not exceeding six months in the case of default, extension, or recasting of the loan; and. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. PUBLIC DEPOSITORIES PUBLIC FUNDS; SECURING; SURETY BONDS; DEPOSIT INSURANCE; SECURITIES. Code Section 45-8-12 Amended. No. 760 (Senate Bill No. 104). AN ACT To amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that a depository may deduct the face amount of its direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, is amended by redesignating subsection (d) of said Code section as subsection (e) and by adding a new subsection (d) to read as follows: (d) Notwithstanding any other provisions of this Code section, a depository may deduct the face amount of direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. CRIMINAL PROCEDURESENTENCES; PERSONS UNDER 17 CONVICTED OF FELONIES AND SENTENCED AS ADULTS COMMITTED TO DIVISION OF YOUTH SERVICES UNTIL 18; TRANSFER TO DEPARTMENT OF CORRECTIONS. Code Section 17-10-14 Enacted. No. 762 (Senate Bill No. 301). AN ACT To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that any person under the age of 17 years who is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment shall be committed to the Division

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of Youth Services of the Department of Human Resources to serve such sentence until such person is 18 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding at the end thereof a new Code Section 17-10-14 to read as follows: 17-10-14. Notwithstanding any other provisions of this article, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence in a detention center of such division until such person is 18 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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DISTRICT ATTORNEYS INVESTIGATORS FOR EACH CIRCUIT; APPOINTMENT; STATE EMPLOYEES' HEALTH BENEFIT PLAN MEMBERSHIP. Code Section 15-18-14.1 Enacted. Code Section 45-18-1 Amended. No. 764 (House Bill No. 27). AN ACT To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to provide qualifications and duties; to provide for salaries and supplementation; to provide for personnel actions; to provide for budgeting; to provide for expenses; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, is amended by inserting immediately following Code Section 15-18-14 a new Code section, to be designated Code Section 15-18-14.1, to read as follows: 15-18-14.1. (a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his official duties in the preparation of cases for indictment or trial. (b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age, meet the qualifications specified by subsection (c) of Code Section 15-18-21, and shall serve at the pleasure of the district attorney.

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(c) No person appointed pursuant to this Code section shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law. An investigator appointed pursuant to this Code section shall: (1) Serve as a liaison between the district attorney's office and the sheriffs' and other law enforcement agencies within the judicial circuit; (2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, and Code Section 24-9-61.1, relating to the presence of crime victims in the courtroom; (3) Assist the attorneys within the district attorney's office in the preparation of cases for preliminary hearings, presentation to a grand jury, pretrial hearings, and trial; (4) Assist the sheriffs and other peace officers within the judicial circuit in the application for warrants and the preparation of case reports which are required by law or which are necessary for the prosecution of the case; (5) Provide such other assistance to the sheriffs and other peace officers as may be authorized by law or which may be mutually agreed on between the district attorney and the sheriff or head of the law enforcement agency or agencies involved; and (6) Perform such other duties as are required by the district attorney. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by the Department of Administrative Services as follows: (1) The salary range for the investigator appointed pursuant to this Code section shall be not less than

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$19,500.00 nor more than 70 percent of the compensation of the district attorney from state funds; and (2) The salary schedule shall be similar to the general pay schedule established by the State Merit System of Personnel Administration and shall provide for a minimum entry step and such additional steps, not to exceed 5 percent between each step, as will approach the maximum allowable salary. In establishing the salary schedule, all amounts shall be rounded off to the nearest whole dollar. The Department of Administrative Services shall revise the salary schedules provided for in this subsection and the entry level salary established by paragraph (1) of this subsection to include cost-of-living increases which may be granted from time to time to members of the classified service of the State Merit System of Personnel Administration. (e) All personnel actions involving personnel appointed pursuant to this Code section shall be in writing by the district attorney in accordance with the provisions of subsection (1) of this Code section. (f) A district attorney investigator shall be appointed initially to the entry grade of the general pay schedule. (g) All salary advancements shall be based on quality of work and performance. The salary of personnel appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum of the salary schedule. (h) Any reduction in salary shall be made in accordance with the salary schedule provided for in subsection (d) of this Code section. (i) The county or counties comprising a judicial circuit may supplement the salary of any district attorney investigator appointed pursuant to this Code section. (j) (1) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred

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in the performance of their official duties in accordance with the rules and regulations established under Code Section 45-7-28.1 and such supplemental rules as may be adopted pursuant to subsection (k) of this Code section. (2) Subject to the provisions of paragraphs (3) and (4) of this subsection, said expenses shall be paid by the Prosecuting Attorneys' Council out of such funds as may be appropriated by the General Assembly. (3) On or before June 1 of each year, the Prosecuting Attorneys' Council of Georgia shall establish and furnish to each district attorney and the Department of Administrative Services a travel budget for each judicial circuit based on the amount appropriated by the General Assembly for such purpose. In determining the travel budget, the council shall consider the budget request submitted by the district attorney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the Department of Administrative Services, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust said budget as may be necessary to carry out the purposes of this Code section. (4) The governing authority of the county or counties comprising the judicial circuit are authorized to reimburse such expenses which may be incurred by an investigator in the performance of his official duties to the extent such expenses are not reimbursed by the state as provided in this subsection. Said governing authority may provide the investigator with a county vehicle and vehicle expenses, in which event the county shall be entitled to reimbursement for the actual mileage driven by the investigator at the same rate as is provided by paragraph (1) of subsection (b) of Code Section 15-18-12, subject to the budget established for the district attorney.

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(k) The Prosecuting Attorneys' Council of Georgia shall prepare and submit a proposed budget for state funds necessary to provide reimbursement of expenses as provided in this Code section to the Department of Administrative Services in accordance with the provisions of Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each district attorney to the council. (l) The Department of Administrative Services and the Prosecuting Attorneys' Council of Georgia shall jointly adopt and amend policies, rules, and regulations establishing records and procedures concerning personnel actions as may be necessary to carry out the intent of this Code section. (m) The salaries provided for in this Code section shall be paid from funds appropriated or available for the operation of the superior courts in the same manner as is provided by law for assistant district attorneys. (n) In the event that the general appropriations Act does not contain appropriations sufficient to fund all of the positions authorized by subsection (a) of this Code section, the Prosecuting Attorneys' Council of Georgia shall allocate such positions among the several district attorneys' offices in such a manner as will further the intent of this Code section and provide an investigator to the maximum number of judicial circuits. Section 2. Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health insurance plan, is amended by striking in its entirety subparagraph (G) of paragraph (2) and inserting in its place a new subparagraph (G) to read as follows: (G) Assistant district attorneys of the superior courts of this state who are appointed pursuant to Code Section 15-18-14 and district attorneys' investigators appointed pursuant to Code Section 15-18-14.1;. Section 3. This Act shall become effective July 1, 1987, except that those portions of Section 1 comprising paragraph (3) of subsection (j) of Code Section 15-18-14.1 and subsection

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(l) of Code Section 15-18-14.1 shall become effective May 30, 1987, for the purpose of completing ministerial actions required by such provisions. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. CRIMINAL PROCEDUREBONDS AND RECOGNIZANCES; RELEASE OF SURETY FROM LIABILITY; SURRENDER OF PRINCIPAL; FORFEITURE; EXECUTION HEARINGS; REMISSION OF FORFEITURE; DETAINERS AND RENDITION PROCEEDINGS. Code Sections 17-6-31, 17-6-70, 17-6-71, and 17-6-72 Amended. No. 765 (House Bill No. 35). AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surrendered; to provide for conditions of forfeiture of certain appearance bonds; to change certain provisions relating to hearings, deposits, notices, orders, and executions regarding certain bonds; to provide for certain personal service; to provide for notice of certain execution hearings; to provide for certain judgments; to change certain provisions relating to the judgment of forfeiture of appearance bonds and remission of forfeiture; to provide that a surety shall be relieved from liability under certain circumstances; to provide for detainers and rendition proceedings and procedures; to provide for conditions of liability; to provide for remissions of forfeitures; to provide for other matters relative

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to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to certain procedures by which a principal on a bond may be surrendered by a surety for release of a bond generally, and inserting in its place a new Code Section 17-6-31 to read as follows: 17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in which the case is pending in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the principal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, the bond shall be forfeited. The death of the principal shall be equivalent to a surrender. Section 2. Said chapter is further amended by striking Code Section 17-6-70, relating to the occurrence of bond forfeitures, and inserting in its place a new Code Section 17-6-70 to read as follows: 17-6-70. (a) A bond forfeiture occurs immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person. (b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety at least 72 hours written notice, exclusive of Saturdays, Sundays, and legal holidays, before the time of the required appearance of the principal.

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Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, provided the time for appearance is stated on the bond, or where the principal is given actual notice in open court. Section 3. Said chapter is further amended by striking Code Section 17-6-71, relating to certain hearings, deposits, notices, orders, and executions regarding bonds, and inserting in its place a new Code Section 17-6-71 to read as follows: 17-6-71. (a) The judge shall upon the failure to appear order an execution hearing for a date not sooner than 60 days but not later than 90 days after the failure to appear. Notice of the execution hearing shall be given by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond or by personal service to the surety within 72 hours of the failure to appear at its home office or to its designated registered agent. Notice shall be served in the form of a scire facias, setting the date of the execution hearing. (b) If at the execution hearing it is determined that judgment should be entered, the judge shall so order. Section 4. Said chapter is further amended by striking Code Section 17-6-72, relating to judgment of forfeiture of appearance bonds and remission of forfeiture, and inserting in its place a new Code Section 17-6-72 to read as follows: 17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability. (b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained under sentence in a penal institution in another jurisdiction. A sworn affidavit or official written notice of the warden or other responsible officer of the penal institution in which the principal has been detained

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shall be considered adequate proof of the principal's detention. Presentation of such affidavit or official written notice to the court clerk and the prosecutor having jurisdiction of the case, along with tender by the surety to the sheriff of the costs necessary to return the principal, shall serve as the surety's request to have a detainer placed on the principal. Should the state fail to place a detainer on a principal who is in custody in a penal institution under sentence in another jurisdiction within 180 days after such presentation and tender of costs, the surety shall be relieved of liability for the appearance bond. (c) If the prosecution does not try the charges against a defendant within a period of three years in the case of felonies and two years in the case of misdemeanors after the date of posting bond, no judgment rendered after such period may be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the principal. (d) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court prior to the entry of judgment on the forfeiture that the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. A sworn affidavit or official written notice of the sheriff or other responsible law enforcement officer having custody or detention of principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70, presentation of such affidavit or official written notice to the court clerk and the prosecutor having jurisdiction of the case along with tender of the costs necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other law enforcement officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within a reasonable time after said presentation and tender of costs necessary

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to return the principal, the surety shall be relieved of the bond obligation. (e) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty. (f) On application filed within 60 days from payment of judgment, the court shall order remission under the following conditions: (1) Provided the bond amount has been paid within 90 days after judgment and the delay has not prevented the proper prosecution of the principal, the court, on motion at a hearing upon notice having been given to the prosecuting attorney as required by paragraph (2) of this subsection, shall direct remission of 95 percent of the bond if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety. Should the surety produce the principal within two years of the failure to appear, the surety shall be entitled to a refund of 50 percent of the bond payment; and (2) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation and evidence supporting such application. Remission shall be granted on the condition of the payment of costs by the surety. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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BUYING SERVICES ACT OF 1975 BUYING SERVICES CONTRACTS; CONTENTS; CANCELLATION; APPLICABILITY OF GEORGIA ADMINISTRATIVE PROCEDURE ACT AND FAIR BUSINESS PRACTICES ACT; VIOLATIONS. Code Sections 10-1-598 and 10-1-602 Amended. No. 766 (House Bill No. 56). AN ACT To amend Article 21 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Buying Services Act of 1975, so as to provide that buying services contracts shall advise purchasers that cancellations should be made by certified mail; to provide that use of certified mail is not required to cancel such a contract; to change provisions relating to the applicability of the Georgia Administrative Procedure Act; to provide that certain violations shall be violations of the Fair Business Practices Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 21 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Buying Services Act of 1975, is amended by striking subsections (b) and (c) of Code Section 10-1-598, relating to cancellations of buying services contracts, and inserting in their place new subsections (b) and (c) to read as follows: (b) 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 boldface type of a minimum size of 14 points, the following: `MEMBER'S RIGHT TO CANCEL If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. To prove that you canceled, it is recommended that

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you send the notice by certified mail. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12:00 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. It is recommended that you mail the notice of cancellation by certified mail, return receipt requested; check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the notice of cancellation which you mail.' (c) Every contract which does not contain the notice specified in subsection (b) of this Code section may be canceled by the member at any time, without liability, by giving notice of cancellation by any means. Nothing contained in this Code section shall be construed to require that a member's cancellation notice be sent by certified mail in order to effect a cancellation. Section 2 . Said article is further amended by striking Code Section 10-1-602, relating to the applicability of the Georgia Administrative Procedure Act, and inserting in its place a new Code section to read as follows: 10-1-602. Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall apply to all actions and proceedings of an administrative nature taken by the administrator pursuant to this article, except where the administrator is acting under Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975.' A violation of this article shall also be considered a violation of Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975.' Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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BOILER AND PRESSURE VESSEL SAFETY ACT INSPECTIONS; SPECIAL INVESTIGATORS; REPORTS; FEES; EXEMPTIONS; LIMITATIONS ON LIABILITY. Code Title 34, Chapter 11 Amended. No. 767 (House Bill No. 132). AN ACT To amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the Boiler and Pressure Vessel Safety Act, so as to change the definition of a certain term; to change certain provisions relating to exceptions under such Act; to change certain provisions relating to special inspectors of boilers and pressure vessels; to change certain provisions relating to inspections of boilers and pressure vessels; to change certain provisions relating to filing and maintenance of reports of special investigators; to delete certain provisions relating to the payment of inspection fees; to provide for limitations on liability; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the Boiler and Pressure Vessel Safety Act, is amended by striking in its entirety Code Section 34-11-2, relating to definitions under the Boiler and Pressure Vessel Safety Act, and inserting in lieu thereof a new Code Section 34-11-2 to read as follows: 34-11-2. As used in this chapter, the term: (1) `Board' means the Board of Boiler and Pressure Vessel Rules created in Code Section 34-11-3. (2) `Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum,

Page 1350

for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term `boiler' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term `boiler' is further defined as follows: (A) `Heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit. (B) `High pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (C) `Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (3) `Certificate of inspection' means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 34-11-15 may be issued. (4) `Commissioner' means the Commissioner of Labor. (5) `Department' means the Department of Labor. (6) `Pressure vessel' means a vessel other than those vessels defined in paragraph (2) of this Code section in which the pressure is obtained from an external source or by the application of heat. Section 2 . Said chapter is further amended by striking in its entirety Code Section 34-11-7, relating to exceptions from certain requirements of the Boiler and Pressure Vessel Safety Act, and inserting in lieu thereof a new Code Section 34-11-7 to read as follows:

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34-11-7. (a) This chapter shall not apply to the following boilers and pressure vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193; (2) Pressure vessels used for transportation and storage of compressed or liquified gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation; (3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight; (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains; (5) Pressure vessels that do not exceed: (A) Five cubic feet in volume and 250 psig pressure; or (B) One and one-half cubic feet in volume and 600 psig pressure; or (C) An inside diameter of six inches with no limitation on pressure; (6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size; (7) Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; (8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded:

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(A) A heat input of 200,000 BTU per hour; (B) A water temperature of 210 degrees Fahrenheit; and (C) A nominal water-containing capacity of 120 gallons; (9) Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: (A) Heat input of 200,000 BTU per hour; (B) Water temperature of 210 degrees Fahrenheit; and (C) Nominal water-containing capacity of 120 gallons. These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves; (10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels; (11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII; (12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected and rated in accordance with the provisions of Code Section 34-11-10; (13) Boilers and pressure vessels operated and maintained for the production and generation of steam used

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in a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected and rated in accordance with the provisions of Code Section 34-11-10; and (14) Boilers and pressure vessels operated and maintained by a public utility. (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 and Code Sections 34-11-15 through 34-11-17: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; and (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel. Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-11-8, relating to the appointment and duties of the chief inspector, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered: (1) To take action necessary for the enforcement of the laws of the state governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the department;

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(2) To keep a complete record of the name of each owner or user and his location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter applies; (3) To publish and make available to anyone requesting them copies of the rules and regulations promulgated by the department; (4) To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 34-11-15; and (5) To cause the prosecution of all violators of the provisions of this chapter. Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-11-10, relating to special inspectors of boilers and pressure vessels, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In addition to the deputy inspectors authorized by Code Section 34-11-9, the Commissioner shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the department and causes said pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the department pursuant to Code Section 34-11-4, issue to any inspectors of said insurance company certificates of competency as special inspectors and to any inspectors of said company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving his certificate of competency shall satisfactorily pass the examination provided for by Code Section 34-11-11 or, in lieu of such examination, shall hold a commission or a certificate of competency

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as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed fulltime by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale. Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-11-14, relating to inspection of boilers and pressure vessels, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 34-11-7 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows: (A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible; (B) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits; (C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially

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with an internal inspection at the discretion of the inspector; (D) Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the board; and (E) Nuclear vessels within the scope of this chapter shall be inspected and reported in such form and with such appropriate information as the board shall designate. (2) A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections. (3) The department may provide for longer periods between certificate inspection in its rules and regulations. (4) Under the provisions of this chapter, the department is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (A) Previous experience, based on records of inspection, performance, and maintenance; (B) Location, with respect to personnel hazard; (C) Quality of inspection and operating personnel;

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(D) Provision for related safe operation controls; and (E) Interrelation with other operations outside the scope of this chapter. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board may, in its discretion, permit variations in the inspection requirements. Section 6. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-11-15, relating to filing and maintenance of reports of special investigators, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Each company operating pressure vessels covered by owner or user inspection service meeting the requirements of subsection (a) of Code Section 34-11-10 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or his authorized representative during business hours. Section 7. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-11-15, relating to filing and maintenance of reports of special investigators, and inserting in lieu thereof a new subsection (c) to read as follows: (c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the department, the chief inspector, or his duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not

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more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (D) of Code Section 34-11-14, for which the board has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14, the certificate shall be valid for a period of not more than two months beyond the period set by the board. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination. Section 8. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 34-11-15, relating to filing and maintenance of reports of special investigators, and inserting in lieu thereof a new subsection (e) to read as follows: (e) The Commissioner or his authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this chapter. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the department and until said inspection certificate shall have been reinstated. Section 9. Said chapter is further amended by striking in its entirety Code Section 34-11-17, relating to inspection fees under the Boiler and Pressure Vessel Safety Act, which Code section reads as follows: 34-11-17. (a) The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector or his deputy inspector shall pay directly to the

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chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner. (b) The chief inspector shall transfer all fees so received to the general fund of the state treasury., and inserting in lieu thereof a new Code Section 34-11-17 to read as follows: 34-11-17. Reserved. Section 10. Said chapter is further amended by adding at the end thereof new Code Sections 34-11-21 and 34-11-22 to read as follows: 34-11-21. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to boilers and pressure vessels and any injury or damages arising therefrom. 34-11-22. In the event any Code section, subsection, sentence, clause, or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Code sections, subsections, sentences, clauses, or phrases of this chapter, which shall remain of full force and effect, as if the Code section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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ELECTIONS CANDIDATES' QUALIFICATIONS; APPEALS; JOINT BOARDS OF ELECTIONS; QUALIFYING FEES; NOTICES OF CANDIDACY; VOTER'S CERTIFICATE; WRITE-IN CANDIDATES; SPECIAL PRIMARIES; DEATH OR DISQUALIFICATION OF CANDIDATE AFTER NOMINATION; PRESIDENTIAL CANDIDATES; REGISTERING TO VOTE; DEADLINES; BALLOTS; HANDICAPPED ELECTORS. Code Title 21, Chapters 2 and 3 Amended. No. 768 (House Bill No. 185). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures for appealing certain decisions of the Secretary of State regarding the qualifications of candidates for federal or state office; to provide for procedures for appealing certain decisions of an election superintendent regarding the qualifications of candidates for county office; to change certain provisions relating to the creation of joint boards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy; to provide that in certain primaries and elections, an elector's current address shall be entered on a voter's certificate; to provide that the Secretary of State shall certify to the election superintendent of certain counties the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State; to provide that if the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change the provisions relating to the closing of qualifying for

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certain primaries; to change the provisions relating to the deadline for filing certain notices of candidacy; to change certain provisions relating to the selection of candidates for the office of President of the United States to appear on ballots; to change certain provisions relating to procedures for withdrawal of certain candidates; to provide that in the event that the final day to register to vote in a special primary or election occurs on a Saturday, Sunday, or legal holiday, the final day to register to vote will be the next following business day; to provide that certain ballots may be bound together in books of 25, 50, or 100; to provide that absentee ballots may be requested not more than 180 days prior to the date of a primary or election; to provide that special write-in absentee ballots may be requested not earlier than 180 days prior to an election; to provide that votes cast in certain primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to provide that in certain cases where the court declares a primary or election to be invalid with regard to certain nominations, offices, or eligibility, the court shall call for the primary or election to be conducted again among the same candidates who participated in the original primary or election to fill such nomination or office; to provide for procedures for appealing certain decisions of a municipal superintendent regarding the qualifications of candidates for municipal office; to change certain provisions relating to municipal authorization of counties to conduct certain municipal elections; to provide for certain election functions which may be performed by counties; to provide that in the event the final day to register to vote in a municipal special primary or election occurs on a Saturday, Sunday, or legal holiday, the final day for registration will be the next following business day; to provide that certain municipal ballots may be bound together in books of 25, 50, or 100; to provide that in municipal primaries and elections, an elector's current address shall be entered on a voter's certificate; to provide that votes cast in certain municipal primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain municipal elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped

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municipal electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (d) of Code Section 21-2-5, relating to qualifications of candidates for federal or state office, and inserting in its place a new subsection (d) to read as follows: (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are: (1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (4) Affected by other error of law;

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(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law. Section 2. Said title is further amended by striking subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (d) to read as follows: (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the superintendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are: (1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures;

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(4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law. Section 3. Said title is further amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, and inserting in its place a new Code Section 21-2-45 which reads as follows: 21-2-45. (a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. (c) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:

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(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title; (2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candidates; or (3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie. Section 4. Said title is further amended by striking paragraphs (1) and (2) of subsection (c) of Code Section 21-2-131, relating to qualifying fees, and inserting in their place new paragraphs (1) and (2), respectively, to read as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 50 percent to be retained by the state political party; 50 percent to be

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transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2-132, relating to filing notices of candidacy, and inserting in its place a new subsection (c) to read as follows: (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the

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fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. Section 6. Said title is further amended by striking Code Section 21-2-133, relating to the giving of notice of intent of candidacy by write-in candidates, and inserting in its place a new Code Section 21-2-133 to read as follows: 21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or (2) In a general or special election of county officers, to the superintendent of elections in the county in which he is to be a candidate and by publication in the official organ of the same county. (b) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State. Section 7. Said title is further amended by striking subsection (d) of Code Section 21-2-134, relating to the filling of vacancies in party nominations caused by the death or disqualification of candidates, and inserting in its place a new subsection (d) to read as follows: (d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result

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in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540. Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows: (c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 Noon on the second Friday following the fourth Wednesday in May. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary. Section 9. Said title is further amended by striking Code Section 21-2-187, relating to the holding of political body conventions, and inserting in its place a new Code Section 21-2-187 to read as follows: 21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first Tuesday in August following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot. Section 10. Said title is further amended by striking Code Section 21-2-193, relating to selection of candidates for office of the President of the United States to appear on ballots, and inserting in its place a new Code Section 21-2-193 to read as follows: 21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the

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United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee composed of a nonvoting chairman who shall be the Secretary of State, and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the first week in December of the year preceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the second week in December of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in Atlanta during the third week in December of the year preceding the year in which a presidential preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than the end of the fourth week of December of the year preceding the year a presidential preference primary is held. Not later than January 1 of each year in which a presidential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.

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(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to January 6 of each year in which a presidential preference primary is held, that his name be placed on the ballot. Not earlier than January 6, nor later than January 10, the Secretary of State shall convene the committee to consider such requests; provided, however, that the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his name will appear on the ballot. Section 11. Said title is further amended by striking Code Section 21-2-194, relating to procedures for withdrawal of certain candidates, and inserting in its place a new Code Section 21-2-194 to read as follows: 21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he submits to the Secretary of State by 12:00 Noon, January 15, in each year in which a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot. Section 12. Said title is further amended by striking Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in its place a new Code Section 21-2-228 to read as follows:

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21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in November elections, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special primary or special election shall be the same as the general election. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of November election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the proper city commission, city council, or other such municipal district for all electors residing in such municipalities. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared

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for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists. Section 13. Said title is further amended by striking subsection (b) of Code Section 21-2-286, relating to printing, numbering, and binding of ballots, and inserting in its place a new subsection (b) to read as follows: (b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as `brevier' or `eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number

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strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' Section 14. Said title is further amended by striking subsection (a) of Code Section 21-2-381, relating to applications for absentee ballots, and inserting in its place a new subsection (a) to read as follows: (a) (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent or temporary out-of-county address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector

Page 1374

who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. Section 15. Said title is further amended by striking subsection (a) of Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots, and inserting in its place a new subsection (a) to read as follows: (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress. Section 16. Said title is further amended by striking subsection (a) of Code Section 21-2-402, relating to preparation of voter's certificates by the Secretary of State, and inserting in its place a new subsection (a) to read as follows:

Page 1375

(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form: VOTER'S CERTIFICATE Section 17. Said title is further amended by striking subsection (a) of Code Section 21-2-438, relating to certain marks

Page 1376

or mutilations which render ballots void, and inserting in its place a new subsection (a) to read as follows: (a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked or improperly or defectively marked so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted. Section 18. Said title is further amended by adding a new subsection at the end of Code Section 21-2-452, relating to voting procedures generally, to be designated subsection (h), to read as follows: (h) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such handicapped elector to vote in private. Section 19. Said title is further amended by striking subsection (d) of Code Section 21-2-527, relating to pronouncement of judgment in election contests, and inserting in its place a new subsection (d) to read as follows:

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(d) Whenever the court trying a contest shall determine that the primary or election is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office, or eligibility, such court shall declare the primary or election to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary or election to be conducted among the same candidates who participated in the original primary or election to fill such nomination or office. Section 20. Said title is further amended by striking subsection (d) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (d) to read as follows: (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the superintendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are: (1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures;

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(4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law. Section 21. Said title is further amended by striking subsection (a) of Code Section 21-3-10, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows: (a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions: (1) That the county shall perform all duties as superintendent of elections as specified under this chapter; (2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or (3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract.

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Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie. Section 22. Said title is further amended by striking Code Section 21-3-126, relating to deadlines for receiving certain municipal registration applications, and inserting in its place a new Code Section 21-3-126 to read as follows: 21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows: (1) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election; (2) The county registrar shall cease taking applications for registration from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special primary or special election shall be the same as the general election; and (3) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136.

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(b) Registration for municipalities maintaining their own registration lists shall be as follows: (1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election; (2) Any person who has registered for a general municipal primary or election, if otherwise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registration deadline for the special election shall be the same as the general election; and (3) The registrar shall, no later than three days prior to such primary or election, pass upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election.

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Section 23. Said title is further amended by striking subsection (a) of Code Section 21-3-188, relating to printing, numbering, and binding of municipal ballots, and inserting in its place a new subsection (a) to read as follows: (a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as `brevier' or `eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' Section 24. Said title is further amended by striking subsection (a) of Code Section 21-3-311, relating to preparation of voter's certificates by municipal superintendents, and inserting in its place a new subsection (a) to read as follows: (a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:

Page 1382

VOTER'S VERTIFICATE Section 25. Said title is further amended by striking subsection (b) of Code Section 21-3-346, relating to procedures for counting and returning votes, and inserting in its place a new subsection (b) to read as follows: (b) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and

Page 1383

not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted. Section 26. Said title is further amended by adding a new subsection at the end of Code Section 21-3-362, relating to municipal voting procedures generally, to be designated subsection (g), to read as follows: (g) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such handicapped elector to vote in private. Section 27. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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CRIMES AND OFFENSES VIDEO MOVIES; RATINGS; DISPLAY ON COVERING. Code Section 16-8-61 Enacted. No. 769 (House Bill No. 198). AN ACT To amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan, or other dissemination for monetary consideration of a video movie unless the official rating is prominently displayed on the covering; to provide exceptions; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, is amended by adding immediately following Code Section 16-8-60 a new Code section, to be designated Code Section 16-8-61, to read as follows: 16-8-61. (a) As used in this Code section, the term: (1) `Official rating' means the official rating of a motion picture by the Classification and Rating Administration of the Motion Picture Association of America. (2) `Video movie' means a videotape, video cassette, video disc, any prerecorded video display or visual depiction, any prerecorded device that can be converted to a visual depiction, or other reproduction or reconstruction of a motion picture. (b) No person may sell, rent, loan, or otherwise disseminate or distribute for monetary consideration a video movie

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unless the official rating of the motion picture from which the video movie is copied is clearly and prominently displayed in boldface type on the outside of the cassette, case, jacket, or other covering containing the video movie. Such video movie shall be clearly and prominently marked as `not rated' if: (1) The motion picture from which the video movie is copied has no official rating; (2) The official rating of the motion picture from which the video movie is copied is not readily available to such person; or (3) The video movie has been altered so that its content materially differs from the motion picture. (c) Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by a fine of not more than $100.00. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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PROMOTIONAL GIVEAWAYS REGULATION UNDER THE FAIR BUSINESS PRACTICES ACT OF 1975, THE GEORGIA TIME SHARE ACT, AND GAMBLING LAWS; ACTIONS; LIABILITY; PROSECUTIONS; ADVERTISING; VOIDABILITY OF CONTRACTS. Code Sections 10-1-392, 10-1-393, 16-12-20, and 44-3-188 Amended. Code Section 44-3-186 Repealed. No. 770 (House Bill No. 201). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, so as to provide for definitions regarding promotional giveaways; to change the requirements for offering promotional giveaways; to provide for liability, recoveries under private actions, and voidability of certain contracts; to constitute certain promotions as lotteries and provide for their prosecution; to amend Code Section 16-12-20 of the Official Code of Georgia Annotated, relating to gambling, so as to change the definition of lottery; to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the Georgia Time-Share Act, to require that certain promotional giveaways made in connection with the sale or offer to sell of time-share intervals be required to comply with paragraph (16) of subsection (b) of Code Section 10-1-393, relating to promotional contests; to delete certain advertising and promotional giveaway provisions; to provide for sanctions and other actions when certain advertisements or promotional contests constitute lotteries or violations of Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, The Fair Business Practices Act of 1975; to provide for alternative actions and sanctions regarding advertising or promotional giveaways; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business

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Practices Act of 1975, is amended by striking paragraph (8) of subsection (a) of Code Section 10-1-392, relating to definitions, and inserting in its place a new paragraph (8) to read as follows: (8) `Promotional giveaway,' `promotional contest' or `promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes, gifts, awards, or other items, including but not limited to items for which there is an attempt to charge a nominal amount, are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize, gift, award, or other item or to determine which, if any, prize, gift, award, or other item they will receive. Promotional giveaways and contests shall not include any procedure where the receipt of the prize, gift, award, or other item is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize, gift, award, or other item does not involve an element of chance. Any procedure where the receipt of the prize, gift, award, or other item is conditioned upon the purchase of the item which the seller is trying to promote and where the receipt of that prize, gift, award, or other item involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20. Section 2. Said article is further amended by striking paragraph (16) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive acts or practices in consumer transactions, and inserting in its place a new paragraph (16) to read as follows: (16) Failure to comply with the following provisions concerning promotional giveaways or contests: (A) For purposes of this paragraph, the term: (i) Conspicuously,' when referring to type size, means either a larger or bolder type than the adjacent and surrounding material. (ii) `In conjunction with and in immediate proximity to,' when referring to a listing of verifiable retail

Page 1388

value and odds for each prize, means that such value and odds must be adjacent to that particular prize with no other printed or pictorial matter between the value and odds and that listed prize. (iii) `Notice' means a written communication containing all of the disclosures required by this paragraph to be received by a participant. (iv) `Participant' means a person who is offered an opportunity to participate in a promotion. (v) `Prize' means a gift, award, or other item to be distributed in a promotion. (vi) `Promoter' means the person conducting the promotion. (vii) `Sponsor' means the person on whose behalf the promotion is conducted in order to promote or advertise the goods, services, or property of that person. (viii) `Verifiable retail value,' when referring to a prize, means: (I) The price at which the promoter or sponsor can substantiate that a substantial number of those prizes have been sold at retail by someone other than the promoter or sponsor; or (II) In the event that substantiation as described in subdivision (I) of this division is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize. (A.1) Persons who are offered an opportunity to participate in a promotion must be given a notice as required by this paragraph. The notice must be in the hands of the participant either prior to the person's traveling to the place of business or, if no travel by the participant is necessary, prior to any seminar, sales presentation,

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or other presentation, by whatever name denominated. Notices may be delivered by hand, by mail, by newspaper, or by periodical. Any offer to participate made through any other medium must be preceded by or followed by the required written notice at the required time. It is the intent of this paragraph that full, clear, and meaningful disclosure shall be made to the participant in a manner such that the participant can fully study and understand the disclosure prior to deciding whether to travel to the place of participation or whether to allow a presentation to be made in the participant's home; and that this paragraph be liberally construed to effect this purpose. The notice requirements of this paragraph shall be applicable to any promotion offer made by any person in the State of Georgia or any promotion offer made to any person in the State of Georgia; (B) The promotional giveaway or contest must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the goods, services, or property, real or personal, of the sponsor. The notice shall contain the name and address of the promoter and of the sponsor, as applicable. The promoter and the sponsor may be held liable for any failure to comply with the provisions of this paragraph; (C) Notwithstanding that a promotion in which there is a nominal charge for a prize is subject to regulation under this paragraph, that promotion shall be a violation of this paragraph if a person is required to pay or furnish any consideration, other than the consideration of traveling to the place of business or to the presentation or of allowing the presentation to be made in the participant's home, in order to receive any prize; (D) Each notice must state the verifiable retail value of each prize which the participant has a chance of receiving. Each notice must state the odds of the participant's receiving each prize if there is an element of chance involved. The odds must be clearly identified as `odds.' Odds must be stated as the total number of that particular prize which will be given and of the total number of notices. The total number of notices shall include all notices

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in which that prize may be given, regardless of whether it includes notices for other sponsors. If the odds of winning a particular prize would not be accurately stated on the basis of the number of notices, then the odds may be stated in another manner, but must be clearly stated in a manner which will not deceive or mislead the participant regarding the participant's chance of receiving the prize. The verifiable retail value and odds for each prize must be stated in conjunction and in immediate proximity with each listing of the prize in each place where it appears on the notice and must be listed in the same size type and same boldness as the prize. Odds and verifiable retail values may not be listed in any manner which requires the participant to refer from one place in the notice to another place in the notice to determine the odds and verifiable retail value of the particular prize. Verifiable retail values shall be stated in Arabic numerals.: (E) Upon arriving at the place of business or upon allowing the sponsor to enter the participant's home, the participant must be immediately informed which, if any, prize the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, or any voucher, certificate, or other evidence of obligation in lieu of the prize, must be given to the participant at the time the participant is so informed; (F) No participant shall be required or invited to view, hear, or attend any sales presentation, by whatever name denominated, unless such requirement or invitation has been conspicuously disclosed to the participant in the notice in at least ten-point boldface type; (G) In the event any prize is offered or given which will require the participant to purchase additional goods or services, including shipping fees, handling fees, or any other charge by whatever name denominated, from any person in order to make the prize conform to what it reasonably appears to be in the mailing or delivery, such requirement and the additional cost to the participant must be clearly disclosed in each place where the prize is listed in the notice; this disclosure shall be made

Page 1391

by using the following appropriately completed statement: `You must pay $..... in order to receive this item.' This statement shall be in the same size type and same boldness as the prize listed; (H) Any limitation on eligibility of participants must be clearly disclosed in the notice; (I) Substitutes of prizes shall not be made. In the event the represented prize is unavailable, the participant shall be presented with a certificate which the sponsor shall honor within 30 days by shipping the prize, as represented in the notice, to the participant at no cost to the participant. In the event a certificate cannot be honored within 30 days, the sponsor shall mail to the participant a valid check or money order for the verifiable retail value which was represented in the notice; (J) In the event the participant is presented with a voucher, certificate, or other evidence of obligation as the participant's prize, or in lieu of the participant's prize, it shall be the responsibility of the sponsor to honor the voucher, certificate, or other evidence of obligation, as represented in the notice, if the person who is named as being responsible for honoring the voucher, certificate, or other evidence of obligation fails to honor it as represented in the notice; (K) The geographic area covered by the notice must be clearly stated. If any of the prizes may be awarded to persons outside of the listed geographical area or to participants in promotions for other sponsors, these facts must be clearly stated, with a corresponding explanation that every prize may not be given away by that particular sponsor. If prizes will not be awarded or given if the winning ticket, token, number, lot, or other device used to determine winners in that particular promotion is not presented to the promoter or sponsor, this fact must be clearly disclosed; (L) Upon request of the administrator, the sponsor or promoter must within ten days furnish to the administrator

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the names, addresses, and telephone numbers of persons who have received any prize; (M) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners in promotional contests involving an element of chance must be prominently posted at the place of business or distributed to all participants if the seminar, sales presentation, or other presentation is made at a place other than the place of business. A copy of such list shall be furnished to each participant who so requests; (N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery; (O) Any person who participates in a promotional giveaway or contest and does not receive an item which conforms with what that person, exercising ordinary diligence, reasonably believed that person should have received based upon the representations made to that person may bring the private action provided for in Code Section 10-1-399 and, if that person prevails, shall be awarded, in addition to any other recovery provided under this part, a sum which will allow that person to purchase an item at retail which reasonably conforms to the prize which that person, exercising ordinary diligence, reasonably believed that person would receive; and (P) In addition to any other remedy provided under this part, where a contract is entered into while participating in a promotional giveaway or contest which does not conform with this paragraph, the contract shall be voidable by the participant for seven business days following the date of the contract. In order to void the contract, the participant must notify the sponsor in writing within seven business days following the signing of the contract;

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Section 3. Code Section 16-12-20, relating to definitions concerning gambling, is amended by striking paragraph (4) thereof and inserting in its place a new paragraph (4) to read as follows: (4) `Lottery' means 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, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393. 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: (A) 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 (B) No person to be eligible to receive such prize shall be required to: (i) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (ii) Purchase any goods, wares, merchandise, or anything of value from such business; or (iii) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes. Section 4. Article 5 of Chapter 3 of Title 44, the Georgia Time-Share Act, is amended by striking Part 4 thereof, relating to advertising, and inserting in its place a new Part 4 to read as follows:

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Part 4 44-3-185. (a) It shall be unlawful for any person, directly or indirectly, to sell or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement, or sketch which is false or misleading or contains any representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist. (b) Nothing in this Code section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in subsection (a) of this Code section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share project so advertised. 44-3-186. Reserved. 44-3-187. No advertising for the sale or offer for sale of time-share intervals shall: (1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been made a part of the offering and submitted to the commission; (2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed; (3) Contain statements concerning the availability of time-share intervals at a particular minimum price if the number of time-share intervals available at that

Page 1395

price comprises less than 10 percent of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement; (4) Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as the legal requirements for further division of the time-share interval; (5) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement in such a manner as to mislead the public; (6) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project; (7) Misrepresent the nature or extent of any services incident to the time-share project; (8) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists; (9) Make any misleading or deceptive representation with respect to the registration of the time-share project, the sales agreement, the purchaser's rights, privileges, benefits, or obligations under the sales agreement or this article; (10) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; (11) Purport to have resulted through a referral unless the name of the person making the referral can be produced upon demand of the commission; (12) Describe any proposed or uncompleted private facilities over which the developer has no control or documented right of use unless the estimated date of completion

Page 1396

is set forth and evidence has been presented to the commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement; (13) Contain any statement that the developer plans to affiliate with an exchange program; or (14) No person shall advertise or represent that the commission has recommended the time-share project or any of the documents contained in the application for registration. 44-3-188. (a) Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of timeshare intervals required to be registered under this article must comply with all of the provisions of paragraph (16) of subsection (b) of Code Section 10-1-393, relating to promotional contests and giveaways in general. (b) In accordance with the procedures set forth in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission may elect to impose any sanction permitted by this Act on any registered developer or time-share project who uses, or in whose behalf is used, any advertisement or promotional contest or giveaway in connection with the sale or offer to sell of time-share intervals registered under this Act if: (1) Such advertisement or promotional contest or giveaway is found by a court of law to be in violation of Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, `The Fair Business Practices Act of 1975'; (2) The party making such advertisement or conducting such promotional contest or giveaway enters into a settlement of any civil complaint filed by the administrator under Code Section 10-1-397 in which the party admits a violation; or (3) The party making the advertisement or conducting such promotional contest or giveaway is successfully

Page 1397

prosecuted under subparagraph (b)(16)(N) of Code Section 10-1-393 for promoting and sponsoring promotions which constitute an unlawful lottery. (c) Notwithstanding anything to the contrary contained in Code Section 44-3-201, upon receipt of a sworn request for investigation which involves a complaint regarding advertising or a promotional giveaway or contest conducted in behalf of a developer or time-share promoter, the commission may take either or both of the following actions: (1) Forward any such sworn complaint to the administrator of the `Fair Business Practices Act' for whatever action he deems appropriate; or (2) Conduct its own investigation for possible violations of this article. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. WORKERS' COMPENSATION LOCAL PUBLIC AUTHORITIES, COMMISSIONS, BOARDS, OR AGENCIES; GROUP WORKERS' COMPENSATION SELF-INSURANCE FUNDS; EXCESS INSURANCE. Code Sections 34-9-151 and 34-9-161 Amended. No. 771 (House Bill No. 245). AN ACT To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, so as to change the definition

Page 1398

of a municipality authorized to participate in a group workers' compensation self-insurance fund; to revise the provisions relating to excess insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, is amended by striking paragraph (11) of Code Section 34-9-151, relating to definitions relative to group self-insurance funds, and inserting in lieu thereof a new paragraph (11) to read as follows: (11) `Municipality' means an incorporated municipality of this state, a consolidated city-county government, and any local public authority, commission, board, or other similar agency which is created by a general or local Act of the General Assembly and which carries out its functions wholly or partly within the corporate boundaries of an incorporated municipality of this state. This term shall also include such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation, individually or jointly with other political subdivisions of the state. Section 2. Said article is further amended by striking Code Section 34-9-161, relating to the requirement of a security deposit or surety bond and excess insurance, and inserting in lieu thereof a new Code Section 34-9-161 to read as follows: 34-9-161. (a) Each fund shall maintain with the Commissioner a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in an amount which is equal to 25 percent of the normal annual premium or, if acceptable to the Commissioner, post in lieu thereof a surety bond in an amount which is equal to 35 percent of the normal annual premium; provided, however, that a fund established by a group of municipalities, counties, or school boards shall only be required to maintain such a deposit in an amount which is equal to 10 percent of the normal annual premium or, if acceptable to

Page 1399

the Commissioner, to post in lieu thereof a surety bond in an amount which is equal to 15 percent of the normal annual premium. If the Commissioner permits a fund to post a surety bond in lieu of the deposit required above, such a bond shall only be acceptable if it is issued by an authorized insurer and its form has been approved in advance by the Commissioner. (b) The excess loss funding program of a fund shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this article. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of an agency, any combination of the foregoing, or any other funding program acceptable to the Commissioner. A fund may be permitted to purchase excess insurance: (1) From insurers authorized to transact business in this state; or (2) From approved surplus lines carriers. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

Page 1400

PRIVATE DETECTIVE AND SECURITY AGENCIES COMPOSITION OF GEORGIA BOARD OF PRIVATE DETECTIVE AND SECURITY AGENCIES; LICENSES, CERTIFICATES, REGISTRATIONS, AND PERMITS; INVESTIGATIONS; EMPLOYEES; CRIMINAL RECORDS CHECKS; INSTRUCTORS AND TRAINING PROGRAMS. Code Title 43, Chapter 38 Amended. No. 772 (House Bill No. 493). AN ACT To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Private Detective and Security Agencies Act, so as to change certain provisions relating to the composition of the Georgia Board of Private Detective and Security Agencies; to change certain provisions relating to powers and duties of said board; to provide additional powers and duties; to repeal certain provisions relating to the licensure and registration of persons practicing for one year on July 1, 1981; to change certain provisions relating to licenses generally; to repeal certain provisions relating to investigations; to provide for the suspension of a license, registration, or weapon's permit prior to a hearing under certain circumstances; to change certain provisions relating to the registration of employees; to provide for the registration of unarmed guards, watchmen, or patrolmen by licensed private security businesses; to provide for training of unarmed employees; to provide for criminal record checks relative to such unarmed employees; to change certain provisions relating to temporary employees; to change certain provisions relating to disposition of applicants' fingerprints; to provide for the registration and regulation of training instructors or training programs; to provide for the suspension, revocation, or denial of applications for registration of training instructors or of approval of training programs; to change certain penalty provisions; to change the provisions relating to the termination of the Georgia Board of Private Detective and Security Agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1401

Section 1. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Private Detective and Security Agencies Act, is amended by striking in its entirety Code Section 43-38-4, relating to the creation of the Georgia Board of Private Detective and Security Agencies, and inserting in lieu thereof a new Code Section 43-38-4 to read as follows: 43-38-4. (a) There is created the Georgia Board of Private Detective and Security Agencies. The board shall consist of seven members, each of whom shall be appointed by the Governor. Each member shall serve for a term of four years. Four members shall be engaged in the contract private detective or contract private security business and shall have at least four years of experience in such business immediately preceding their appointment; provided, however, that on and after October 1, 1987, at least two members shall be engaged in the contract private security business. Two members shall be engaged in state, county, or municipal law enforcement and shall have at least four years of experience in governmental law enforcement immediately preceding their appointment. One member shall be appointed from the public at large. At the first meeting of the board held each year, the members shall elect a chairman to serve for one year. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term. Appointees to the board shall, immediately after their appointment, take and subscribe to a written oath or affirmation required by law for all public officers. (b) The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (c) The joint-secretary shall be the secretary of the board and shall perform such administrative duties as may be prescribed by the board. All official records of the board or affidavits by the joint-secretary as to the content of such records shall be prima-facie evidence of all matters required to be kept therein. (d) In addition to any authority otherwise granted by this chapter and subject to the laws relating to the joint-secretary,

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the board shall have the following powers and duties: (1) To determine the qualifications of applicants for licenses or registration under this chapter; (2) To investigate alleged violations of this chapter or any rules and regulations adopted by the board, including the power to conduct inspections of a licensee's employee lists and training records; (3) To promulgate all rules and regulations necessary to carry out this chapter; (4) To establish and enforce standards governing the conduct of persons licensed and registered under this chapter; (5) To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter. In pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law. It is declared that violations of this chapter are a menace and a nuisance and are dangerous to the public health, safety, and welfare; (6) To recommend to the joint-secretary the employment or appointment of such personnel, including, but not limited to, inspectors, as may be necessary to assist the board in exercising and performing any and all the powers, duties, and obligations set forth in this chapter; (7) To require a licensee to maintain and keep such records as are subject to inspection under this chapter; (8) To issue, renew, deny, suspend, or revoke licenses, certificates, registrations, or permits in a manner consistent with this chapter; (9) To hold hearings on all matters properly brought before it and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations,

Page 1403

and enter orders consistent with the findings; and (10) To develop and apply such techniques which may include examinations as may be deemed necessary to assure that applicants licensed, registered, or issued weapon's permits have the requisite skills and qualifications. Section 2. Said chapter is further amended by striking and repealing in its entirety Code Section 43-38-5, relating to licensure and registration of persons practicing for one year on July 1, 1981, which reads as follows: 43-38-5. (a) Notwithstanding any other provision of this chapter, any individual, firm, association, company, partnership, or corporation which has engaged in the private detective or private security business for a period of at least one year prior to July 1, 1981, shall make a verified application in writing to the joint-secretary for a license. The application for a license shall be made under oath, on a form to be furnished by the joint-secretary. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were filed by June 30, 1980, pursuant to the `Georgia Private Detective and Private Security Agencies Act,' Ga. L. 1973, p. 40. If the applicant is a corporation, the above information shall be provided by the president or secretary of such corporation. If the applicant is a partnership, the above information shall be provided by each of the partners in such partnership. An applicant for licensure under this subsection shall submit satisfactory evidence to the board that such applicant has been actually engaged in the private

Page 1404

detective or private security business for a period of at least one year prior to July 1, 1981. Applicants desiring to receive a license under this subsection must submit the application, information, and evidence required by this subsection within 60 days from July 1, 1981. Upon receiving the application, proof of bond or liability insurance policy, or the financial statement as provided in Code Section 43-38-6, and the license fee as provided by the board within the time period stated in this subsection, the board may grant a license to such person to conduct a private detective business or private security business as stated in such application. Immediately upon receipt of the license certificate issued by the board pursuant to this chapter, the licensee shall post and at all times display such license in a conspicuous location at his place of business. A copy of the duplicate of the license certificate shall be conspicuously placed at each branch office. (b) Notwithstanding any other provision of this chapter, any licensee-employer under this chapter shall register with the board any individual employed by him in the private detective or private security business, including any individual employed solely on the premises of or in connection with the affairs of such employer, who has engaged in the private detective or private security business for at least one year prior to July 1, 1981. Application for registration shall be made in writing, under oath, on a form to be furnished by the joint-secretary. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were on file on June 30, 1980, pursuant to the `Georgia Private Detective and Private Security Agencies Act,' Ga. L. 1973, p. 40. Satisfactory evidence that the prospective registrant has been actually employed in the private detective or private security

Page 1405

business for a period of at least one year prior to July 1, 1981, shall be submitted to the board. Employers desiring to register employees under this subsection must submit the application, information, and evidence required by this subsection within 60 days after July 1, 1981. Upon receiving the application and a registration fee as provided by the board, the board may register such individual and so notify the employer. The employer shall notify the board within 20 days of the termination of employment of any registered employee. Upon receipt of a registration card issued by the board pursuant to this chapter, the registrant shall maintain such card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business., and inserting in lieu thereof the following: 43-38-5. Reserved. Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-6, relating to licenses generally, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any individual, firm, association, company, partnership, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the joint-secretary for a license therefor. If the applicant is a firm, association, company, partnership, or corporation, the person filing the application on behalf of such firm, association, company, partnership, or corporation shall be the president or secretary of such corporation or a member of such firm, association, or partnership; and such individual shall meet the qualifications set out in this Code section. Section 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-38-6, relating to licenses generally, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Upon being satisfied of the good character, competency, and integrity of an applicant for licensure under this

Page 1406

chapter or, if the applicant is a firm, association, company, partnership, or corporation, upon being satisfied of the good character, competency, and integrity of the president or secretary of such corporation or member of such firm, association, or partnership, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, or corporation if: (1) The applicant is at least 18 years of age; (2) The applicant is a citizen of the United States or a registered resident alien; (3) The applicant is of good moral character; (4) The applicant has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant; (5) The applicant has not committed an act constituting dishonesty or fraud; (6) The applicant has satisfied the board that his private detective or private security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve; (7) The applicant has had at least two years' experience as a private detective with a licensed detective agency, or has had at least two years' experience as a supervisor or administrator in in-house security or with

Page 1407

a licensed private security agency, or has had at least two years' experience as a member of the Federal Bureau of Investigation or as a member of any federal, state, county, or municipal police department, or, in lieu thereof, has met such other requirements as the board may prescribe by rule; and (8) The applicant meets such other qualifications as the board may prescribe by rule. Section 5. Said chapter is further amended by adding at the end of Code Section 43-38-6, relating to licenses generally, a new subsection (f) to read as follows: (f) Notwithstanding any other provisions of this Code section, an applicant for a license shall agree in writing on the application that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension. Section 6. Said chapter is further amended by striking in its entirety Code Section 43-38-7, relating to the registration of employees, and inserting in lieu thereof a new Code Section 43-38-7 to read as follows: 43-38-7. (a) Any license may employ as many agents, operators, assistants, guards, watchmen, or patrolmen as he deems necessary for the conduct of his business, provided that such employees meet the requirements and qualifications for registration under this chapter. (b) (1) Except as provided in paragraph (2) of this subsection, within 30 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee shall make application to register such employees with the board. (2) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private

Page 1408

security business shall not be registered by the board but shall be governed by Code Section 43-38-7.1. (c) Except as otherwise provided in paragraph (2) of subsection (b) of this Code section, upon being satisfied of the employee's character, competency, and eligibility for registration, the board may register such employee if: (1) The employee is at least 18 years of age; (2) The employee is a citizen of the United States or a registered resident alien; (3) The employee is of good moral character; (4) The employee has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the employee has been convicted of such crime, or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee to be registered; (5) The employee has not committed an act constituting dishonesty or fraud; and (6) The employee meets such other qualifications as the board may prescribe by rule. (d) The application for registration shall be made in writing, under oath, on a form to be furnished by the joint-secretary. The application shall state the employee's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other

Page 1409

information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided. (e) Upon granting an application for registration pursuant to this Code section, the board shall so notify the employer-licensee. The employer-licensee shall notify the board within 30 days of the termination of employment of any registered employees. (f) Upon receipt of a registration card issued by the board pursuant to this chapter, the registrant shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business. (g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension. Section 7. Said chapter is further amended by adding between Code Section 43-38-7 and 43-38-8 a new Code Section 43-38-7.1 to read as follows: 43-38-7.1. (a) Any individual, firm, association, company, partnership, or corporation engaged in the private security business and licensed pursuant to Code Section 43-38-6 shall be required to maintain registration records of all guards, watchmen, or patrolmen who are unarmed pursuant

Page 1410

to rules and regulations of the board. A licensee shall not be required to register such unarmed employees with the board. Unarmed employees shall be required to complete a certain number of hours of training as prescribed by the board, and a record of such training shall be maintained with the registration records of such employees. (b) The licensee shall forward fingerprints received from each prospective registrant to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of investigation established by the Federal Bureau of Investigation. (c) It shall be the duty of the licensee to keep a record of all information received from the Georgia Bureau of Investigation and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Georgia Bureau of Investigation, similar departments in other states, and the United States Department of Justice in any criminal identification system. (d) At such times as the board may require, fingerprint cards of registrants may be periodically reprocessed by a licensee to identify criminal convictions subsequent to registration. Section 8. Said chapter is further amended by striking in its entirety Code Section 43-38-8, relating to temporary employees, and inserting in lieu thereof a new Code Section 43-38-8 to read as follows: 43-38-8. Notwithstanding any other provisions of this chapter, any person or corporation may use temporary employees for special events, provided that such temporary employment does not exceed 30 days in a calendar year and such employees do not carry firearms in connection with such employment. Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-9, relating to the disposition of applicants' fingerprints, and inserting in lieu thereof a new subsection (a) to read as follows:

Page 1411

(a) The board shall forward the necessary fingerprints received from each prospective licensee and registrant required to be licensed or registered by the board under this chapter to the Georgia Crime Information Center or the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by such bureau and the fingerprint system of investigation established by the Federal Bureau of Investigation. Section 10. Said chapter is further amended by adding at the end of Code Section 43-38-10, relating to permits to carry firearms, a new subsection (j) to read as follows: (j) A weapon's permit issued under this Code section to any person whose license is suspended pursuant to subsection (f) of Code Section 43-38-6 or whose registration is suspended pursuant to subsection (g) of Code Section 43-38-7 shall be suspended at the same time as the suspension of the license or registration without a prior hearing as required in Code Section 43-38-11. A weapon's permit shall be restored to a person upon the restoration of the person's license or registration. Section 11. Said chapter is further amended by adding between Code Sections 43-38-10 and 43-38-11 a new Code Section 43-38-10.1 to read as follows: 43-38-10.1. (a) The board shall provide by rule and regulation for the registration of all training instructors or training programs so as to regulate all training requirements for licensure, registration, or weapon's permits required by this chapter. (b) The board shall have the authority to promulgate rules and regulations governing minimum training standards for licensure, registration, or weapon's permits. Such training shall be conducted by a board registered training instructor or through a board approved training program. (c) Any board registered training instructor or board approved training program shall be required to submit to appropriate inspection of facilities and review of curriculum.

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(d) The board may suspend, revoke, or deny any application for registration for any training instructor or suspend, revoke, or deny approval of any training program as provided in Code Section 43-38-11. Section 12. Said chapter is further amended by striking in its entirety subparagraph (b)(2)(E) of Code Section 43-38-11, relating to grounds for denial, revocation, or sanction of licenses and registrations, and inserting in lieu thereof a new subparagraph (E) to read as follows: (E) Fine any licensee or registrant in an amount not to exceed $500.00 for each violation of a law or rule or regulation; or. Section 13. Said chapter is further amended by striking in its entirety Code Section 43-38-11.1, relating to suspension of license, registration, or weapon's permit, and inserting in lieu thereof a new Code Section 43-38-11.1 to read as follows: 43-38-11.1. (a) After proper notification, the board may suspend the license, registration, or weapon's permit of any licensee, registrant, or weapon's permit holder without a prior hearing as required in Code Section 43-38-11, provided that said licensee, registrant, or weapon's permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section 43-38-11. (b) After proper notification the board may suspend without a prior hearing as required in Code Section 43-38-11 the license of any licensee pursuant to subsection (f) of Code Section 43-38-6 or the registration of any registrant pursuant to subsection (g) of Code Section 43-38-7 or the weapon's permit of any weapon's permit holder pursuant to subsection (j) of Code Section 43-38-10. Section 14. Said chapter is further amended by striking in its entirety Code Section 43-38-17, relating to the termination of the Georgia Board of Private Detective and Security Agencies, and inserting in lieu thereof a new Code Section 43-38-17 to read as follows: 43-38-17. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment,

Page 1413

or Termination of Regulatory Agencies,' the Georgia Board of Private Detective and Security Agencies shall be terminated on July 1, 1993, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. CRIMES AND OFFENSES CREDIT REPAIR SERVICES ORGANIZATION; OPERATING PROHIBITED. Code Section 16-9-59 Enacted. No. 773 (House Bill No. 678). AN ACT To amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to define credit repair services organization and other terms; to provide for the offense of operating a credit repair services organization; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding a new Code Section 16-9-59 to read as follows: 16-9-59. (a) As used in this Code section: (1) `Buyer' means any individual who is solicited to purchase or who purchases the services of a credit repair services organization.

Page 1414

(2) (A) `Credit repair services organization' means any person who, with respect to the extension of credit to a buyer by others, sells, provides, or performs, or represents that he can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services: (i) Improving a buyer's credit record, history, or rating; (ii) Obtaining an extension of credit for a buyer; (iii) Providing advice or assistance to a buyer with regard to either division (i) or (ii) of this subparagraph. (B) `Credit repair services organization' does not include: (i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States; (ii) Any bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; (iii) Any nonprofit organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1954; (iv) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (v) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney;

Page 1415

(vi) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting within the course and scope of those regulatory agencies; or (vii) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. 1681-1681t). (3) `Extension of credit' means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. (b) A person commits the offense of operating a credit repair services organization when he or she owns, operates, or is affiliated with a credit repair services organization. (c) Any person who commits the offense of operating a credit repair services organization shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

Page 1416

DAY-CARE CENTERS RECORDS CHECKS OF EMPLOYEES; LICENSES; REVOCATION; TEMPORARY LICENSES ABOLISHED; DIRECTORS. Code Title 49, Chapter 5, Article 3 Amended. Code Section 49-5-67 Repealed. No. 774 (House Bill No. 742). AN ACT To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, so as to change definitions; to delete certain definitions; to repeal provisions relating to temporary licenses; to change the provisions relating to records checks and the results thereof; to provide for the revocation of licenses and to change the provisions relating thereto; to change the provisions relating to licenses issued prior to July 1, 1985; to delete the provisions relating to fingerprint records checks and applications for directors of existing facilities; to change the provisions relating to licenses of directors; to change the provisions relating to licenses of employees; 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. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, is amended by striking Code Section 49-5-60, relating to definitions of terms relative to employees' records checks for day-care centers, and inserting in lieu thereof a new Code Section 49-5-60 to read as follows: 49-5-60. As used in this article, the term: (1) `Center' means a day-care center, group day-care home, family day-care home, or child-caring institution which is required to be licensed or registered under Article 1 of this chapter.

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(2) `Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) `Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16, relating to controlled substances; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph. (4) `Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided,

Page 1418

however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) `Director' means the chief administrative or executive officer of a facility. (6) `Employee' means any person, other than a director, employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center. (7) `Employment history' means a record of where a person has worked for the past ten years. (8) `Facility' means a center's real property at which children are received for care. (9) `Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (10) `GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (11) `GCIC information' means criminal history record information as defined in Code Section 35-3-30.

Page 1419

(12) `License' means the document issued by the department to authorize the center to which it is issued to operate a facility under this chapter. (13) `Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (14) `Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (15) `Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (16) `Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (17) `Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record. Section 2. Said article is further amended by striking Code Section 49-5-63, relating to notice of determination as to preliminary records check and effect of unsatisfactory determination, and inserting in lieu thereof a new Code Section 49-5-63 to read as follows: 49-5-63. After being furnished the required records check application and preliminary records check application

Page 1420

under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's preliminary records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director and each employee of an applicant's facility has applied for a preliminary records check determination, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain a preliminary records check for that newly designated director. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Section 3. Said article is further amended by striking Code Section 49-5-64, relating to fingerprint searches and the notification of findings, and inserting in lieu thereof a new Code Section 49-5-64 to read as follows: 49-5-64. After issuing a license based upon a satisfactory preliminary records check determination of the director and after each employee has applied for a preliminary records check determination under Code Section 49-5-63, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that director's records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within 75 days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the fingerprint records check or if there is no such finding.

Page 1421

Section 4. Said article is further amended by striking Code Section 49-5-65, relating to notice of determination as to fingerprint records check, and inserting in lieu thereof a new Code Section 49-5-65 to read as follows: 49-5-65. After receiving a GCIC notification regarding a director's fingerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility, for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 49-5-62 through 49-5-64 and this Code section to obtain a preliminary records check and fingerprint records check determination for the newly designated director. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section to receive a satisfactory fingerprint determination on the director or to receive a satisfactory preliminary records check determination for all employees. Section 5. Said article is further amended by striking Code Section 49-5-66, relating to new requirements upon expiration of existing licenses, and inserting in lieu thereof a new Code Section 49-5-66 to read as follows: 49-5-66. Upon the expiration of any license issued prior to July 1, 1985, the center to which such license was issued shall be required to obtain a separate license for each of the center's existing facilities and shall have a separate director for each such facility. An existing facility whose license so expires may be issued a license when that center submits evidence, satisfactory to the department, that the director has received a satisfactory preliminary records check and has applied for a fingerprint check and all employees have applied for preliminary records checks. After receiving those applications, the department shall proceed to have made records check determinations based upon such applications

Page 1422

and the facility may only retain a license under the conditions and procedures provided in Code Sections 49-5-62 through 49-5-65. Any director or employee who has received a satisfactory records check determination within the immediately preceding 12 month period may submit evidence to the department of that determination in lieu of reapplication for a records check determination. The department may accept the previous satisfactory determination unless it has reason to believe that the applicant has a criminal record subsequent to the last records check determination. A license may only be issued if the facility otherwise qualifies for a license pursuant to Article 1 of this chapter. Any new facility in this state first owned or operated on or after July 1, 1985, by a center already licensed in this state shall be required to have a new license issued pursuant to Code Sections 49-5-61 through 49-5-65. Section 6. Said article is further amended by repealing Code Section 49-5-67, relating to fingerprint records check applications for directors of existing facilities, which reads as follows: 49-5-67. After a temporary license is issued to an existing facility pursuant to Code Section 49-5-66, the center to whom the license was issued shall furnish to the department a fingerprint records check application for the director and a preliminary records check application for each employee of each of the center's facilities for which a temporary license was issued. After receiving those applications, the department shall proceed to have made records check determinations based upon such applications and may only issue an annual license to any such facility under the conditions and procedures provided in Code Sections 49-5-62 through 49-5-65., in its entirety and inserting in lieu thereof the following: 49-5-67. Reserved. Section 7. Said article is further amended by striking Code Section 49-5-68, relating to changes of directors, and inserting in lieu thereof a new Code Section 49-5-68 to read as follows: 49-5-68. (a) If the director of a facility which has been issued a license ceases to be the director of that facility,

Page 1423

the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary or fingerprint records check determination has ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had a satisfactory fingerprint records check determination, such determination shall be deemed to be a satisfactory fingerprint records check determination as to that director. The license of that facility shall not be adversely affected by that change in director and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or fingerprint records check determination of the newly designated director, the center and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there has been no fingerprint records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory preliminary

Page 1424

records check determination regarding the newly designated director, the department shall perform a preliminary records check and determination of the newly designated director; and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a fingerprint records check and determination for that director as provided in Code Sections 49-5-64 and 49-5-65. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. Section 8. Said article is further amended by striking Code Section 49-5-69, relating to records checks for new employees, and inserting in lieu thereof a new Code Section 49-5-69 to read as follows: 49-5-69. (a) Before a person may become an employee of any facility after that facility has received a license, that facility shall require that person to furnish to the department a preliminary records check application. The department shall, under the procedures of Code Sections 49-5-62 and 49-5-63, make a preliminary records check determination and send notice thereof to the facility and employee. If the determination is unsatisfactory, the facility shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. (b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records checks applicable to that director or employee and receive a satisfactory determination. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes,

Page 1425

when an unsatisfactory preliminary records check is received, when the department has reason to believe the applicant has a criminal record, or during the course of a child abuse investigation involving the director or employee. (d) No center may have any person as an employee after January 1, 1986, unless there is on file in the center an employment history and a preliminary records check application for that person. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. HANDICAPPED PERSONS ACCESS TO BUILDINGS AND FACILITIES; STANDARDS; PARKING LOTS. Code Sections 30-3-2, 30-3-3, and 30-3-4 Amended. Code Section 30-3-4.1 Enacted. No. 775 (House Bill No. 797). AN ACT To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities; to change provisions relating to buildings and facilities covered; to make additional provisions applicable to parking lots and parking spaces; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 1426

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, is amended by striking Code Section 30-3-2, relating to definitions, Code Section 30-3-3, relating to standards and specifications, and Code Section 30-3-4, relating to provision of specific amenities, and inserting in their place new Code Sections 30-3-2 through 30-3-4.1 to read as follows: 30-3-2. As used in this chapter, the term: (1) `Adaptable' is further explained as follows: (A) Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for the feature required by ANSI A117.1 Standard to be added for the occupant without major structural alteration; (B) Items not installed at the time of construction under the adaptable provisions of ANSI A117.1 Standard, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person, within 30 days after his or her application for occupancy is approved by the owner. (2) `American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals. (3) `Facilities' shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public. (4) `Government buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped

Page 1427

or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds. (5) `Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, provided that this chapter shall require fully accessible or adaptable units in only 5 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater, provided that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to residential condominiums. (6) `Reasonable number' as used in Code Section 30-3-4 shall be defined for each of the following standards to mean: (A) `Accessible parking spaces (ANSI 4.6.1) in a reasonable number' shall be determined as follows: Total number of parking spaces Number of designated handicapped parking spaces 1-400 A minimum number of 1 space or 2 percent of the total provided, whichever is greater 401 and greater 8 spaces plus 1 percent of the total provided above 401

Page 1428

(B) `Accessible entrances (ANSI 4.14) in a reasonable number' means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by handicapped persons. (C) `Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessible to and usable by handicapped persons at least one toilet room, bathroom, bathing facility, and shower room at a reasonable location shall conform to ANSI 4.22. (F) `Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable number' means the following: Total number Number of accessible spaces required Up to 50 2 spaces for wheelchair users adjacent to each other 51-400 4 spaces including 2 adjacent to each other 401 and above An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both (7) `Renovation' means: (A) If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified

Page 1429

in Code Section 30-3-2, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard; (B) Any component of a building, structure or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in Code Section 30-3-2, including an accessible route as defined in the ANSI A117.1 Standard. 30-3-3. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) of Code Section 30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements o this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority

Page 1430

having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to the chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted. 30-3-4. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals, except as otherwise provided in paragraph (6) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities for handicapped persons, as appropriate: (1) Accessible parking spaces in a reasonable number; (2) Accessible entrances in a reasonable number; (3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and (4) Accessible seating, tables, and work surfaces in a reasonable number. 30-3-4.1. (a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, shall include at least one parking space for handicapped persons

Page 1431

accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance at 60 inches; and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver. (b) Compliance with this Code section may be waived under the same conditions as provided in Code Section 30-3-3. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. ETHICS IN GOVERNMENT ACT CAMPAIGN CONTRIBUTION DISCLOSURE REPORTS; FILING WITH LOCAL ELECTION SUPERINTENDENT; CANDIDATES FOR STATE OFFICE. Code Section 21-5-31 Amended. No. 776 (Senate Bill No. 26). AN ACT To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated as enacted by the Ethics in Government Act, approved April 3, 1986 (Ga. L. 1986, p. 957), relating to campaign contributions, so as to provide that any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of a candidate for state office shall not be required to file a copy of a campaign contribution disclosure

Page 1432

report with the local election superintendent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated as enacted by the Ethics in Government Act, approved April 3, 1986 (Ga. L. 1986, p. 957), relating to campaign contributions, is amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through candidate or committee, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for state office pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT COVERAGES; DEDUCTIBLES; TOTAL BENEFITS LIMITS; PLEADING OR RECOVERING AMOUNT OF DEDUCTIBLE. Code Section 33-34-4 and 33-34-9 Amended. No. 777 (Senate Bill No. 31). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to provide that insurers may make certain motor vehicle insurance coverages and certain optional increased coverages available on a deductible basis; to provide conditions and limitations; to provide for total benefits limits; to provide that persons eligible for certain motor vehicle insurance benefits shall not be precluded from pleading or recovering against a tort-feasor the amount of such deductible; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by adding at the end of Code Section 33-34-4, relating to minimum required motor vehicle insurance coverages, a new subsection (d) to read as follows: (d) An insurer may make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(1)(A) and (a)(1)(B) of Code Section 33-34-5 available on a deductible basis, at the option of the named insured and at a reduced price. Such a deductible shall not, however, apply to compensation to a pedestrian or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by

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subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy. Section 2. Said chapter is further amended by striking subsection (b) of Code Section 33-34-9 of the Official Code of Georgia Annotated, relating to the liability for payment of damages for noneconomic losses and pleading or recovering of damages for economic loss available in actions against tort-feasors, and inserting in its place a new subsection (b) to read as follows: (b) Any person eligible for economic loss benefits described in paragraph (2) of subsection (a) of Code Section 33-34-4 is precluded from pleading or recovering in an action for damages against a tort-feasor those damages for which compensation is available for economic loss under said Code Section 33-34-4; provided, however, that nothing contained in this Code section shall preclude the introduction of any evidence otherwise admissible in a judicial proceeding for the purpose of proving the extent of the injury or injuries sustained by the person; provided, further, that a person eligible for economic loss benefits under subparagraph (a)(2)(A) or (a)(2)(B) of Code Section 33-34-4 or (a)(1)(A) or (a)(1)(B) of Code Section 33-34-5 shall not be precluded from pleading or recovering in an action for damages against a tort-feasor the amount of any deductible allowed under subsection (d) of Code Section 33-34-4. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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SOCIAL SERVICES PUBLIC ASSISTANCE; DISREGARDED INCOME; SUBPOENAS; DAY-CARE HOMES AND CENTERS; EDUCATIONAL CURRICULUM; EMERGENCY TELEPHONE NUMBERS; SPACE; CHILD WELFARE AGENCY LICENSES. Code Sections 49-4-6 and 49-5-12 Amended. Code Section 49-4-15.1 Enacted. No. 778 (Senate Bill No. 96). AN ACT To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to change the provisions relating to reserves, income, and resources to be disregarded in calculating public assistance benefits; to change provisions relating to disregarded income; to provide that, for purposes of applying the $50.00 child support disregard provided for in Title IV of the federal Social Security Act, amounts paid to dependents by the Social Security Administration under the Old Age Survivors and Disability Insurance (OASDI) program and by the Veterans Administration and any other family benefits not assignable to the state pursuant to Title IV of the federal Social Security Act shall not be considered child support; to provide that the Department of Human Resources shall have subpoena power to secure income and other financial information relative to the eligibility of recipients in instances of alleged fraud by recipients of food stamps and public assistance; to provide for related matters; to provide that the Department of Human Resources shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services; to provide certain space requirements for group day-care homes and day-care centers; to change certain provisions relating to the refusal of a license to a child welfare agency applicant; to provide an effective date; to provide for repeal of certain amendments; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, in its entirety and inserting in its place a new Code Section 49-4-6 to read as follows: 49-4-6. (a) In determining eligibility for and the amount and kind of public assistance to be provided, the board shall prescribe by regulations reasonable emergency reserves and the income and resources which may be exempt and disregarded. With respect to any category of assistance, the income and resources to be disregarded shall not be in excess of the amounts and kinds authorized under the federal Social Security Act and shall not be less than the amounts and kinds of income and resources required to be disregarded by the federal Social Security Act and any other act of Congress relating to the assistance programs in which federal financial participation is authorized under Titles IV, XVI, XIX, and XX of the federal Social Security Act. (b) For purposes of applying the $50.00 child support disregard provided for in Title IV of the federal Social Security Act, amounts paid by the Social Security Administration under the Old Age Survivors and Disability Insurance (OASDI) program, payments made by the Veterans Administration to the family, and any other benefits not assignable to the state pursuant to Title IV of the federal Social Security Act shall not be considered child support. Section 2. Said title is further amended by adding a new Code section immediately following Code Section 49-4-15, to be designated Code Section 49-4-15.1, to read as follows: 49-4-15.1. The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by a

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departmental hearing examiner who has at least five years' actual experience in conducting hearings and issuing compulsory process and who, in addition, shall be a member in good standing of the State Bar of Georgia. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to such hearing examiner specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human resources or his duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents. Section 3. Said title is further amended by adding at the end of subsection (b) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, three new paragraphs, to be designated paragraphs (5), (6), and (7), to read as follows: (5) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use. (6) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services. (7) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Group day-care homes and day-care centers will be allowed to designate in writing

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to the department a daily two-hour period after school during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply. Section 4. Said title is further amended by striking paragraph (1) of subsection (e.1) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in its place a new paragraph (1) to read as follows: (1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety;. Section 5. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Subsection (b) of Code Section 49-4-6, as amended by Section 1 of this Act, is repealed effective on the date on which the federal acts referenced herein or any federal regulations or interpretations of such act or regulations by the federal agency or a judicial decision binding on the State of Georgia are amended or changed to allow federal financial participation in AFDC payments which treat social security disability benefits or veterans' benefits in the same manner as other child support payments. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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HANDICAPPED PARKING LAW DESIGNATION OF HANDICAPPED PARKING SPACES; SIGNS; TOWING OF VEHICLES; PENALTIES. Code Sections 40-6-221 and 40-6-225 Amended. No. 779 (Senate Bill No. 266). AN ACT To amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the Handicapped Parking Law, so as to change the manner in which handicapped parking places are designated and to require certain designations; to change the provisions relating to offenses, penalties, and sanctions; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the Handicapped Parking Law, is amended by striking paragraph (1) of Code Section 40-6-221, relating to the definition of a handicapped parking space, and inserting in its place a new paragraph (1) to read as follows: (1) `Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows: (A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: `Permit Parking Only,' `Tow-Away Zone,' and `Maximum Fine $500.00.' The warnings required in this subparagraph shall be printed in white letters not less than one inch in height on three separate lines and centered on the sign. The sign shall also bear the international symbol for accessibility centered between

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the second and third warnings. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations in this state; (B) Where the parking place is designated before January 1, 1988, by a sign or signs bearing the words `Tow-Away Zone' and `Handicapped Parking Only' or the words `Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as the sign or signs are replaced for other reasons, at which time any new sign erected shall comply fully with the requirements of subparagraph (A) of this paragraph; or (C) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words `Tow-Away Zone' and `Handicapped Parking Only' or the words `Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph. Section 2. Said part is further amended by striking subsection (g) of Code Section 40-6-225, relating to offenses and penalties, and inserting in its place a new subsection (g) to read as follows: (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words `Tow-Away Zone' as described in paragraph (1) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.

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Section 3. Said part is further amended by adding a new subsection (h) to Code Section 40-6-225, relating to offenses and penalties, to read as follows: (h) A property owner who is required to provide handicapped parking places shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (1) of Code Section 40-6-221 and upon failure so to designate each such handicapped parking place shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places on his property within such 14 days he shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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PROPERTY REMOVAL OF IMPROPERLY PARKED VEHICLES; MUNICIPALITIES OF 100,000 OR MORE. Code Section 44-1-13 Amended. No. 780 (Senate Bill No. 282). AN ACT To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions affecting property, so as to change population provisions concerning restrictions upon certain municipalities in the removal of improperly parked vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions affecting property, is amended by striking in its entirety Code Section 44-1-13, relating to the removal of improperly parked vehicles and restrictions upon certain municipalities in the removal at certain times of improperly parked vehicles, and inserting in its place a new Code Section 44-1-13 to read as follows: 44-1-13. Any person entitled to the possession of any parcel or space of real property shall have the right to remove or cause to be removed from the property any vehicle which is parked thereon and which is not authorized to be parked at the place where it is found and to store or cause to be stored such vehicle at the expense of its owner, provided that there shall have been conspicuously posted on the real property notice that any vehicle parked thereon which is not authorized to be parked at the place where it is found may be removed at the expense of the owner of the vehicle along with information as to where the vehicle can be recovered. The person removing and storing the vehicle shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty

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authorized by Code Section 44-14-363. Provided, however, that in all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census and whenever such parcel or space of real property is devoted to any use other than as an offstreet interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access thereto or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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UNIFORM PARTNERSHIP ACT SUITS BY OR AGAINST PARTNERSHIPS; JUDGMENT CREDITORS; REACHING INTEREST OF PARTNER; GARNISHMENT; CONTINUATION AFTER WRONGFUL DISSOLUTION. Code Section 14-8-15.1 Enacted. Code Sections 14-8-28 and 14-8-38 Amended. No. 781 (House Bill No. 31). AN ACT To amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the Uniform Partnership Act, so as to provide that a partnership may sue or be sued; to provide that the charging order remedy shall be in addition to any other remedy which may exist including the garnishment remedy; to provide for personal service of the complaint upon which the garnishment judgment was obtained; to provide that the remedies conferred by Code Section 14-8-28 shall not be deemed to be exclusive of others which may exist; to clarify that the partnership agreement controls continuation after a wrongful dissolution even if the partners who have not caused the dissolution do not unanimously agree to continue the business; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the Uniform Partnership Act, is amended by adding a new Code Section 14-8-15.1 immediately following Code Section 14-8-15 to read as follows: 14-8-15.1. A partnership may sue or be sued in its common name. Section 2. Said chapter is further amended by striking subsection (e) of Code Section 14-8-28, relating to judgment creditors of a partner against debtor partner's interest in the partnership, in its entirety and substituting in lieu thereof new subsections (e) and (f) to read as follows:

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(e) In addition to the remedy conferred by subsection (a) of this Code section, the interest of a partner in the partnership may be reached by a judgment creditor by process of garnishment served on the firm, provided that the complaint upon which the judgment was obtained was personally served upon such partner. (f) Subject to subsection (b) of this Code section, the remedies conferred by subsections (a) and (e) of this Code section shall not be deemed exclusive of others which may exist. Section 3. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 14-8-38, relating to the application of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) The partners who have not caused the dissolution wrongfully may, if they all so agree at the time of the transaction or if the partnership agreement so provides, continue the business in the same name, either by themselves or jointly with others, and for that purpose may possess the partnership property. If the partners continue the business, they shall pay to any partner who has caused the dissolution wrongfully the value of his interest in the partnership at the dissolution less any damages or other amounts recoverable under subparagraph (b)(1)(B) of this Code section and obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities;. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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PENAL INSTITUTIONS TRANSMISSION OF COMMUNICABLE DISEASES BY INMATES; MEDICAL EXAMINATIONS; WARRANTS; COSTS. Code Section 42-1-6 Enacted. No. 782 (House Bill No. 92). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injures or contacts a law enforcement officer, correctional officer, fireman, emergency medical technician, or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropriate official may take all reasonable steps to determine whether the inmate has a communicable disease; to provide that such steps may include medical examination and the collection of medical specimens; to provide that upon failure of an inmate to cooperate in such procedures, the superior court may issue a warrant authorizing the use of any degree of force reasonably necessary to complete such procedures; to provide for the cost of such procedures to be borne by the jurisdiction having custody of the inmate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, is amended by adding at the end thereof a new Code Section 42-1-6 to read as follows: 42-1-6. If any inmate of any state or county correctional institution, county or municipal jail, or other similar facility, while such inmate is in custody or in the process of being taken into custody, injures or has injured or contacts or has contacted a law enforcement officer, correctional officer, fireman, emergency medical technician, or other person in such

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a manner as to present a possible threat of transmission of a communicable disease to the person so injured or contacted, then the warden, jailer, or other official having charge of such inmate may take all reasonable steps to determine whether the inmate has a communicable disease capable of being transmitted by the injury or contact involved. Such steps may include, but shall not be limited to, any appropriate medical examination of or collection of medical specimens from the inmate. In the event an inmate refuses to cooperate in any such procedures, the warden, jailer, or other official may apply to the superior court of the county for an order authorizing the use of any degree of force reasonably necessary to complete such procedures. Upon a showing of probable cause that the injury presents the threat of transmission of a communicable disease, the court shall issue an order authorizing the petitioner to use reasonable measures to perform any medical procedures reasonably necessary to ascertain whether a communicable disease has been transmitted. In addition to any other grounds sufficient to show probable cause for the issuance of such an order, such probable cause may be conclusively established by evidence of the injury or contact in question and a statement by a licensed physician that the nature of the injury or contact is such as to present a threat of transmission of a communicable disease if the inmate has such a disease. The cost of any procedures carried out under this Code section shall be borne by the jurisdiction having custody of the inmate. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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CORPORATIONS CORPORATE NAMES; RESERVATION PERIODS; CONFIRMATIONS; FEES FOR FILING DOCUMENTS AND ISSUING CERTIFICATES. Code Sections 14-2-40, 14-2-41, 14-2-371, 14-3-40, and 14-3-291 Amended. No. 783 (House Bill No. 210). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide without charge an initial corporate name reservation period; to provide for extensions of reservation periods; to provide for confirmations of name reservations; to provide that corporate names shall be distinguishable from other such names; to provide for changes in certain fees for filing documents and issuing certificates for corporations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 14-2-40, relating to corporate names of business corporations generally, and inserting in its place a new paragraph (3) to read as follows: (3) Shall be distinguishable from: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in Code Section 14-2-41 or in Chapter 3 of this title;

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(D) The name of a corporation which has in effect a registration of its corporate name as provided in Code Section 14-2-42; or (E) Any name prohibited by any other law of this state; and. Section 2. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 14-2-41, relating to the reservation of corporate names, and inserting in their place new subsections (a) and (b) to read as follows: (a) The exclusive right to the use of a corporate name may only be reserved by: (1) Any person intending to organize a corporation under this chapter; (2) Any domestic corporation intending to change its name; (3) Any foreign corporation intending to make application for a certificate of authority to transact business in this state; (4) Any foreign corporation authorized to transact business in this state and intending to change its name; or (5) Any person intending to organize a foreign corporation and intending to have such corporation make application for a certificate of authority to transact business in this state. (b) (1) The reservation shall be made by making application to the Secretary of State to reserve a specified corporate name. If the Secretary of State finds that the name is distinguishable from other reserved names and is available for corporate use, the Secretary of State shall reserve the name for the exclusive use of the applicant for a period of two calendar months from the date of filing. There shall be no fee for an initial two calendar month reservation period. A two calendar month extension

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of this initial period may be granted by the Secretary of State provided that: (A) The request is made in writing; (B) The request is made in good faith and solely for the purpose of corporate formation; and (C) The fee provided in Code Section 14-2-371 accompanies the request. (2) If the corporate name is available, a name reservation certificate shall be provided by the Secretary of State in accordance with Code Section 14-2-172. Section 3. Said title is further amended by striking in its entirety Code Section 14-2-371, relating to fees for filing documents and issuing certificates of business corporations, and inserting in its place a new Code Section 14-2-371 to read as follows: 14-2-371. The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation $ 40.00 (2) Filing articles of amendment and issuing a certificate of amendment 20.00 (3) Filing restated articles of incorporation and issuing a certificate of restated articles 20.00 (4) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation 25.00 (5) Filing for each two calendar month extension of a corporate name reserved pursuant to Code Section 14-2-41 20.00 (6) Filing an application to reserve a corporate name for a period of five years pursuant to subsection (c) of Code Section 14-2-41 30.00 (7) Filing a notice of transfer of a reserved corporate name 20.00 (8) Filing a statement of change of address of registered office or change of registered agent, or both, unless such changes are made at the time of the filing of the annual registration 10.00 (9) Filing a statement of the establishment of a series of shares or a statement changing the number of shares included in a series 15.00 (10) Filing a statement of cancellation of shares 15.00 (11) Filing a statement of reduction of stated capital 15.00 (12) Filing a statement of intent to dissolve 10.00 (13) Filing a statement of revocation of voluntary dissolution proceedings 10.00 (14) Filing articles of dissolution 20.00 (15) Filing an application of a foreign corporation for a certificate of authority to transact business in this state and issuing a certificate of authority 150.00 (16) Filing an application of a foreign corporation for an amended certificate of authority to transact business in this state and issuing an amended certificate of authority 30.00 (17) Filing a certificate of amendment or a certificate of restatement of the articles of incorporation of a foreign corporation holding a certificate of authority to transact business in this state 15.00 (18) Filing a certificate of merger of a foreign corporation holding a certificate of authority to transact business in this state 25.00 (19) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal 15.00 (20) Filing an application to register a foreign corporate name 15.00 (21) Filing an application to renew a registered name of a foreign corporation 15.00 (22) Filing an application of a foreign or domestic corporation for a certificate of reinstatement and issuing a certificate of reinstatement 25.00 (23) Filing any other statement or report, except annual registration, of a domestic or foreign corporation 10.00 (24) Filing annual registration of a domestic or foreign corporation 10.00

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Section 4. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 14-3-40, relating to corporate names of nonprofit corporations generally, and inserting in its place a new paragraph (3) to read as follows: (3) Shall be distinguishable from: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in this chapter or in Chapter 2 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in Code Section 14-2-42; or (E) Any name prohibited by any other law of this state; and. Section 5. Said title is further amended by striking in its entirety Code Section 14-3-291, relating to fees for filing documents and issuing certificates for nonprofit corporations, and inserting in its place a new Code Section 14-3-291 to read as follows: 14-3-291. The Secretary of State shall charge and collect for:

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(1) Filing articles of incorporation and issuing a certificate of incorporation $ 40.00 (2) Filing articles of amendment and issuing a certificate of amendment 20.00 (3) Filing restated articles of incorporation and issuing a certificate of restated articles 20.00 (4) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation 25.00 (5) Filing for each two calendar month extension of a corporate name reserved pursuant to Code Section 14-2-41 20.00 (6) Filing an application to reserve a corporate name for a period of five years pursuant to subsection (c) of Code Section 14-2-41 30.00 (7) Filing a notice of transfer of a reserved corporate name 20.00 (8) Filing a statement of change of address of registered office or change of registered agent, or both, unless such changes are made at the time of the filing of the annual registration 10.00 (9) Filing articles of dissolution 20.00 (10) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state and issuing a certificate of authority 50.00 (11) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state and issuing an amended certificate of authority 30.00 (12) Filing a certificate of amendment or a certificate of restatement of the articles of incorporation of a foreign corporation holding a certificate of authority to transact business in this state 10.00 (13) Filing a certificate of merger of a foreign corporation holding a certificate of authority to conduct affairs in this state 25.00 (14) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal 15.00 (15) Filing an application to register a foreign corporate name 15.00 (16) Filing an application to renew a registered name of a foreign corporation 15.00 (17) Filing an application of a foreign or domestic corporation for a certificate of reinstatement and issuing a certificate of reinstatement 25.00 (18) Filing any other statement or report, except annual registration, of a domestic or foreign corporation 10.00 (19) Filing annual registration of a domestic or foreign corporation 10.00 (20) Filing a statement of intent to dissolve a nonprofit corporation 10.00 (21) Filing a statement of revocation of voluntary dissolution proceedings 10.00

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. LOCAL GOVERNMENT INTERLOCAL RISK MANAGEMENT AGENCIES; DEFINITIONS; EXCESS INSURANCE; SOVEREIGN IMMUNITY. Code Title 36, Chapter 85 Amended. No. 784 (House Bill No. 246). AN ACT To amend Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change certain definitions and the use of certain terms;

Page 1455

to revise the provisions relating to excess insurance; to provide that participation in an interlocal risk management agency by a municipality or county shall not constitute waiver of sovereign immunity; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, is amended by striking Code Section 36-85-1, relating to definitions, and inserting in lieu thereof a new Code Section 36-85-1 to read as follows: 36-85-1. As used in this chapter, the term: (1) `Administrator' means any person who administers a group self-insurance fund other than the interlocal risk management agency. (2) `Commissioner' means the Commissioner of Insurance. (3) `County' means any county of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by local or general Act of the General Assembly and which carries out its functions on a county-wide basis or wholly within the unincorporated area of a county. The term shall also include any such body which is created or activated by a resolution or ordinance of the governing body of the county individually or jointly with other political subdivisions of the state. (4) `General liability' means liability for bodily injury, death, or damage to property owned by others to which a municipality or county may be subject either directly or by reason of liability arising out of an act, error, or omission of its employee, agent, or officer in the course and scope of employment. (5) `Governing authority' means the body which exercises the legislative functions of the municipality or county.

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(6) `Group self-insurance fund' or `fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of general liability, motor vehicle liability, property damage, or any combination of such risks. (7) `Interlocal risk management agency' or `agency' means an association formed by municipalities or counties by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds. (8) `Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of general liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency. (9) `Motor vehicle liability' means liability to which a municipality or county may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment. Said term shall also include loss on account of property damage to motor vehicles. (10) `Municipality' means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the governing body of the municipality individually or jointly with other political subdivisions of the state. (11) `Property damage' means loss to which a municipality or county may be subject by reason of physical

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damage or destruction to real or personal property owned or leased by such municipality or county. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 36-85-2, relating to formation and functions of interlocal risk management agencies, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A group of municipalities or a group of counties may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any municipality or county may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may: (1) Pool its general liability risks in whole or in part with those of other municipalities or counties; (2) Pool its motor vehicle liability risks in whole or in part with those of other municipalities or counties; (3) Pool its property damage risks in whole or in part with those of other municipalities or counties; or (4) Jointly purchase general liability, motor vehicle liability, or property damage insurance with other municipalities or counties participating in and belonging to the interlocal risk management agency, the participating municipalities or counties to be coinsured under a master policy or policies with the total premium apportioned among such participants. Section 3. Said chapter is further amended by striking subsection (d) of Code Section 36-85-5, relating to certificates of authority and applications therefor, and inserting in lieu thereof a new subsection (d) to read as follows: (d) A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which: (1) For each motor vehicle liability and general liability fund shall generate an annual gross premium of not less than $300,000.00;

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(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00; (3) For each fund which includes motor vehicle liability or general liability with property damage shall generate an annual gross premium of not less than $500,000.00; or (4) For each fund which includes motor vehicle liability, general liability, and property damage shall generate an annual gross premium of not less than $800,000.00. Section 4. Said chapter is further amended by striking Code Section 36-85-18, relating to excess and aggregate excess insurance, and inserting in lieu thereof a new Code Section 36-85-18 to read as follows: 36-85-18. (a) An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of the foregoing, or any other funding program acceptable to the Commissioner. (b) The excess loss funding program of an agency shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance: (1) From insurers authorized to transact business in this state; or (2) From approved surplus lines carriers. Section 5. Said chapter is further amended by striking Code Section 36-85-20, relating to the exercise of authority as not constituting the provision of liability insurance protection, and inserting in lieu thereof a new Code Section 36-85-20 to read as follows: 36-85-20. The exercise by a municipality or county of the authority provided in this chapter shall not constitute

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the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. The participation by a municipality or county as a member of an agency authorized by this chapter shall not constitute the obtaining of liability insurance and no sovereign immunity shall be waived on account of such participation. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. PETROLEUM PRODUCTS DEATH OR RETIREMENT OF DEALERS; TRIAL FRANCHISES FOR DESIGNATED FAMILY MEMBERS. Code Sections 10-1-720 and 10-1-721 Enacted. No. 785 (House Bill No. 263). AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to authorize a dealer engaged in the retail sale of petroleum products, upon his death or retirement, to designate a certain family member who shall be offered a trial franchise by the producer or redistributor; to define certain terms; to provide for the designation of the family member entitled to the trial franchise; to provide certain standards and conditions applicable to the trial franchise; to provide for a change in the family member entitled to a trial franchise under certain conditions; to repeal conflicting laws; and for other purposes.

Page 1460

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 25 to read as follows: ARTICLE 25 10-1-720. As used in this article, the term: (1) `Adult' means any person who is not a minor. (2) `Dealer' means any person, other than an agent or employee of a producer or redistributor, who is engaged in the retail sale of petroleum products under a franchise agreement as defined in paragraph (4) of this Code section. (3) `Designated family member' means the adult spouse, the adult child of the dealer, or the spouse of an adult child of the dealer, who has experience in the service station business and who, in the case of the dealer's death or retirement, is designated in writing by notice from the dealer to the producer or redistributor as entitled to be offered a trial franchise as such term is defined in the federal Petroleum Marketing Practices Act (15 U.S.C., paragraph 2801, et seq.). (4) `Franchise' or `franchise agreement' means an agreement between a producer and a dealer or a redistributor and a dealer under which the dealer is granted the right to: (A) Use a trademark, trade name, service mark, or other identifying symbol or name owned by the producer or redistributor; or (B) Occupy a service station owned, leased, or controlled by the producer or redistributor for the purpose of engaging in the retail sale of petroleum products of the producer or redistributor.

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(5) `Producer' means every person who produces, refines, manufactures, processes, blends, or otherwise alters any motor fuel and other petroleum products for sale or use in this state and every person who distributes any motor fuel and other petroleum products for resale in this state. (6) `Redistributor' means any person who sells petroleum products for resale at retail. (7) `Service station' means any filling station, store, garage, or other place of business in this state engaging in the retail sale of motor fuel and other petroleum products. 10-1-721. (a) Effective January 1, 1988, no franchise agreement entered into between a producer and a dealer or a redistributor and a dealer shall deny a dealer the rights provided in this Code section. (b) A dealer shall have the right, effective upon his death or retirement, to have the producer or redistributor offer a trial franchise to the designated family member who has been approved by the producer or redistributor in accordance with the producer's or redistributor's reasonable standard for personal and financial condition unless the producer or redistributor shows that the designated family member no longer meets the reasonable standards set at the time of designation of the previous approval. The foregoing shall not prohibit a producer or redistributor from requiring that the designated family member accept the trial franchise within 30 days of the dealer's death or retirement and that the designated family member attend a training program offered by the producer or redistributor. As used in this Code section, the term `trial franchise' shall have the same meaning as provided in the federal Petroleum Marketing Practices Act (15 U.S.C., paragraph 2801, et seq.). (c) A dealer and a producer or a dealer and a redistributor may mutually agree to change the family member designated. The designated family member shall provide, upon the request of the producer or redistributor, personal and financial data that are reasonably necessary to determine

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whether he or she meets the producer's or redistributor's reasonable standards. The producer or redistributor shall not be obligated to accept a designated family member under this subsection who does not meet the producer's or redistributor's reasonable standards but any refusal to accept the designated family member shall be given by the producer or redistributor in writing to the dealer and shall fairly state the reason therefor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. MUNICIPAL COURTS JURISDICTION IN CASES RELATING TO SELLING OR FURNISHING ALCOHOLIC BEVERAGES TO MINORS; PUNISHMENT; FINES. Code Section 36-32-9 Enacted. No. 786 (House Bill No. 289). AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipal corporation; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide for punishments; to provide that no municipal corporation is authorized to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation; to provide for jurisdiction

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of the juvenile court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows: 36-32-9. (a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation. (c) Any defendant charged with a first offense violation of Code Section 3-3-23 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (d) A person convicted in a municipal court of a first offense violation of Code Section 3-3-23 shall be punished as provided in paragraph (1) of subsection (b) of Code Section 3-3-23.1, provided that nothing in this Code section or Code Section 3-3-23.1 shall be construed to give any municipal corporation the right to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation. (e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-5.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. HANDICAPPED PERSONS GASOLINE STATIONS TO DISPENSE GASOLINE TO CERTAIN HANDICAPPED PERSONS AT SELF-SERVICE PRICES; PERMITS; PENALTIES. Code Section 10-1-164.1 Enacted. Code Section 40-6-222 Amended. No. 787 (House Bill No. 460). AN ACT To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, and Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to handicapped parking permits, so as to provide for special disability permits; to require certain gasoline stations to dispense gasoline to holders of such permits at self-service prices under certain conditions; to provide for violations as criminal offenses; to prescribe the type of disability required in order to obtain such a permit; to provide that such a permit shall also serve as a handicapped parking permit; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, is amended by adding after Code Section 10-1-164 a new Code Section 10-1-164.1 to read as follows:

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10-1-164.1. (a) Any owner or operator of a gasoline station which sells gasoline at one price when an employee of the station dispenses the gasoline into a motor vehicle and at a lower price when the customer dispenses the gasoline on a self-service basis shall comply with this Code section. Any such owner or operator shall conduct the operations of the station so that the holder of a special disability permit provided for in subsection (e) of Code Section 40-6-222 will, upon request, have gasoline dispensed by an employee of the station at the self-service pump and will be allowed to purchase such gasoline at the price otherwise charged for gasoline purchased on a self-service basis if: (1) The holder of the permit is driving the motor vehicle into which the gasoline is to be dispensed; and (2) The holder of the permit is not accompanied by another person 16 years of age or older who is not mobility impaired or blind. However, in such cases, the employee shall not be required to provide any other service. (b) Any owner or operator who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Section 2. Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to handicapped parking permits, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) The department shall issue a special permanent permit to any person who: (1) Because of a physical handicap drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically handicapped due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall be orange in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the

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provisions of this part relating to, other permanent handicapped parking permits and may also be used as provided in Code Section 10-1-164.1. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. INSURANCE CANCELLATION OF POLICIES; PROCEDURE; NOTICES; CHANGE IN EXPERIENCE; CHANGE RESULTING FROM AUDIT; INCREASES IN PREMIUMS. Code Sections 33-24-44 through 33-24-47 Amended. Code Section 33-24-44.1 Enacted. No. 788 (House Bill No. 836). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide procedures for cancellation of insurance policies at the request of an insured; to provide for cancellations of policies for failure of the named insured to pay premiums when due and cancellation of policies which have been in effect less than 60 days; to provide for notice to be given to an insured in the event of a change in experience modification or a change resulting from an audit of auditable coverages; to require that a notice concerning an increase in premium in excess of 15 percent shall also include the dollar amount of such increase; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1467

Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, is amended by adding at the end of Code Section 33-24-44, relating to the cancellation of insurance policies generally, a new subsection (f) to read as follows: (f) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1. Section 2. Said chapter is further amended by adding immediately following Code Section 33-24-44, relating to the cancellation of insurance policies generally, a new Code Section 33-24-44.1 to read as follows: 33-24-44.1. (a) An insured may request cancellation of an existing insurance policy by returning the original policy to the insurer or by making a written request for cancellation of an insurance policy to the insurer or its duly authorized agent stating a future date on which the policy is to be canceled. Such cancellation shall be accomplished in the following manner: (1) If only the interest of the insured is affected, the policy shall be canceled on the later of the date the returned policy or written request is received by the insurer or its duly authorized agent or the date specified in the written request; (2) If by statute, regulation, or contract the insurance policy may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party, the insurer shall mail or deliver such notice stating the date cancellation shall become effective, but such date shall not be less than ten days from the date of mailing or delivery of the notice. (b) Notices required by this Code section shall be delivered in person or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the named insured, governmental agency, mortgagee, or other third party, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service.

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(c) Where any notice is mailed or delivered in accordance with this Code section, the effective date of cancellation of the policy shall be the last effective date of any such notice. (d) Notwithstanding the failure of the insurer to comply with the provisions of this Code section, cancellation shall be effective on the effective date of any replacement policy providing the same or similar coverage, which date shall not be prior to the date provided in subsection (a) of this Code section. (e) Except as provided in Chapter 22 of this title, an insurance policy which by its terms may be canceled by the insured shall be canceled in accordance with this Code section. Section 3. Said chapter is further amended by adding at the end of Code Section 33-24-45, relating to the cancellation or nonrenewal of automobile or motorcycle policies, a new subsection (n) to read as follows: (n) Cancellation by the insured shall be accomplished as provided in Code Section 33-24-44.1. Section 4. Said chapter is further amended by adding at the end of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, a new subsection (i) to read as follows: (i) Cancellation by the insured shall be accomplished as provided in Code Section 33-24-44.1. Section 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 33-24-47, relating to required notices of termination of insurance coverage, increases in premium rates, or changes restricting insurance coverage, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or residents in this

Page 1469

state and insuring against liability for loss of, damage to, or injury to persons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance policies. Cancellation of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less than 60 days shall be governed by the provisions of Code Section 33-24-44. (b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premium rates, other than an increase in premium rates due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service. Section 6. Said chapter is further amended by adding at the end of Code Section 33-24-47, relating to required notices of termination of insurance coverage, increases in premium rates, or changes restricting insurance coverage, new subsections (d) and (e) to read as follows: (d) This Code section shall not apply to policies canceled in accordance with the provisions of Chapter 22 of this title. (e) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1.

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Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. ELEVATORS, DUMBWAITERS, ESCALATORS, MANLIFTS, AND MOVING WALKS INSPECTION; INSTALLATION; LOBBY SMOKE DETECTORS; PERMITS; ACCIDENT REPORTS; AUDITS. Code Sections 8-2-102, 8-2-103, 8-2-104, 8-2-106, and 8-2-109.1 Amended. No. 789 (House Bill No. 840). AN ACT To amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that inspections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors; to provide for filing of reports on new installations; to provide certain exemptions for elevator contractors; to provide for permissive inspections of private residence elevators; to provide for posting of operating permits; to provide for reports of accidents involving personal injury, death, or structural damage; to provide that equipment involved in an accident shall not be placed back in service until an inspection; to provide for compliance audits of political subdivisions; to provide for effects of noncompliance; to provide for conflicts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, is amended by striking in its entirety Code Section 8-2-102, relating to equipment inspections, and inserting in its place a new Code Section 8-2-102 to read as follows: 8-2-102. (a) (1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period. (2) Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period. (b) Inspections and installations shall be made in accordance with the standards set forth in Part `X' of ANSI A17.1-1984, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1a-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equipment rooms, and access thereto, and shall include lobby smoke detectors. (c) A report of any inspection required by this Code section shall be filed with the department if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations.

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(d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 8-2-104. (e) Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Section 43-14-8 and Code Section 43-14-8.1. (f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the department and an inspection report issued. The department shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection. Section 2. Said part is further amended by striking in its entirety subsection (c) of Code Section 8-2-103, relating to operating permits, and inserting in its place a new subsection (c) to read as follows: (c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises. Section 3. Said part is further amended by striking in its entirety subsection (c) of Code Section 8-2-104, relating to employment of inspectors and to inspection fees and rules, and inserting in its place a new subsection (c) to read as follows:

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(c) The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1a-1976 are adopted as rules and regulations of the Department of Labor for the purposes of this part until otherwise amended by rules and regulations of the Commissioner. Section 4. Said part is further amended by striking in its entirety Code Section 8-2-106, relating to the reporting of accidents, and inserting in its place a new Code Section 8-2-106 to read as follows: 8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days. (b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter. (c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority. Section 5. Said part is further amended by striking in its entirety Code Section 8-2-109.1, relating to exceptions for elevators on vehicles, and inserting in its place a new Code Section 8-2-109.1 to read as follows: 8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight.

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(b) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semi-annual basis for compliance by the Department of Labor; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. WORKERS' COMPENSATION OCCUPATIONAL DISEASES; CONDITIONS FOR COMPENSATION; DEFINITIONS; CLAIMS; AMOUNTS; PAYMENT; LIABILITY OF EMPLOYERS; MEDICAL EXAMINATIONS; AUTOPSIES. Code Title 34, Chapter 9, Article 8 Amended. No. 790 (Senate Bill No. 133). AN ACT To amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disablement from an occupational disease are compensable; to provide the time limit for filing a claim for disablement from an occupational disease; to provide for determination of the amount of compensation; to delete the provision relative to aggravation of an occupational disease; to provide for the payment of compensation to certain relatives of a deceased employee; to delete the provision relating to exposure occurring prior to April 30, 1946; to change the provision relating to the exclusive liability of employers, in keeping with other amendments; to delete provisions establishing a medical review board and proceedings before

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such board; to provide for independent medical examinations and reports when medical questions are in controversy; to provide for autopsies to be ordered and performed in certain circumstances; to delete certain provisions relative to asbestosis and silicosis; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, is amended by striking in its entirety Code Section 34-9-280, relating to the definitions of occupational diseases, and inserting in lieu thereof a new Code Section 34-9-280 to read as follows: 34-9-280. As used in this article, the term: (1) `Disablement' means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease. (2) `Occupational disease' means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation all of the following: (A) A direct causal connection between the conditions under which the work is performed and the disease; (B) That the disease followed as a natural incident of exposure by reason of the employment; (C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (D) That the disease is not an ordinary disease of life to which the general public is exposed;

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(E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence. For the purposes of this paragraph, partial loss of hearing due to noise shall not be considered an occupational disease. Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from a separate occupational disease. Section 2. Said article is further amended by striking Code Section 34-9-281, relating to circumstances in which death or disablement resulting from occupational disease are compensable, in its entirety and inserting in lieu thereof a new Code Section 34-9-281 to read as follows: 34-9-281. (a) Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his or her death, the employee's dependents shall be entitled to compensation as provided by this chapter. The practice and procedure prescribed in this chapter shall apply to all the proceedings under this article except as otherwise provided. (b) Except as otherwise provided in this Code section, an employer shall be liable for compensation under this article only where: (1) The disease arose out of and in the course of the employment in which the employee was engaged under such employer, was contracted while the employee was so engaged, and has resulted from a hazard characteristic of the employment in excess of the hazards of such disease attending employment in general; (2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no

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event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death. Section 3. Said article is further amended by striking Code Section 34-9-284, relating to the determination of the amount of compensation to be paid, in its entirety and inserting in lieu thereof the following: 34-9-284. Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under such employer shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier. The amount of the compensation for any occupational disease shall be based upon the average weekly wages of the employee, as determined under Code Section 34-9-260. The date upon which the employee first suffers disablement from the occupational disease or the last date the employee was employed by any employer, whichever date would provide the higher average weekly wage for such employee, shall be deemed the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Code Sections 34-9-80 through 34-9-82, 34-9-85, and 34-9-86, shall be given and made to such employer. Section 4. Said article is further amended by striking Code Section 34-9-286, relating to payment of compensation to certain relatives of a deceased employee, in its entirety and inserting in lieu thereof the following: 34-9-286. Reserved. Section 5. Said article is further amended by striking Code Section 34-9-287, relating to exposure occurring prior to April 30, 1946, in its entirety and inserting in lieu thereof the following: 34-9-287. Reserved.

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Section 6. Said article is further amended by striking Code Section 34-9-289, relating to the exclusive liability of employers, in its entirety and inserting in lieu thereof the following: 34-9-289. Whenever an employer and employee are subject to this chapter, the liability of the employer under this article for the disablement or death of the employee from an occupational disease in any way incurred by such employee in the course of or because of his employment shall be exclusive and in place of any and all other civil liability whatsoever at common law or otherwise to such employee or to his personal representative, next of kin, spouse, parents, guardian, or any others. Section 7. Said article is further amended by striking Code Section 34-9-292, relating to the payment of expenses of the board under this article, in its entirety and inserting in lieu thereof the following: 34-9-292. The total expenses of the State Board of Workers' Compensation for the administration, operation, and proper functioning of the board under this article, shall be a proper charge under Code Section 34-9-63 and shall be payable as provided therein. Section 8. Said article is further amended by striking Code Section 34-9-310, relating to the creation and functions of a medical board to hear and determine controversial medical questions in claims for compensation arising in cases of death or disability from occupational disease, in its entirety and inserting in lieu thereof a new Code Section 34-9-310 to read as follows: 34-9-310. (a) When medical questions are in controversy in any claim for compensation for an occupational disease, the parties may agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the disease at issue for an independent medical examination and report. In the event that the parties cannot agree on the referral to be made, the State Board of Workers' Compensation shall refer the employee to a licensed physician who specializes in diagnosis and treatment of the disease at issue and who is certified by the appropriate medical board in the field encompassing such disease for an independent medical

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examination and report. No award may be made in such case until the appointed physician has filed with the board the report respecting all medical questions at issue. The date of disablement, if in dispute, shall be deemed a medical question. The board is authorized to charge the expense of the independent medical examination and report against either or both parties in the final award. (b) Proceedings may be suspended and no compensation may be payable for any period during which the employee may unreasonably fail or refuse to submit to such an examination. (c) Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary to accurately and scientifically ascertain or determine the cause of death, such autopsy may be ordered by the board. The board may specify and designate a licensed physician who is a specialist in such examinations and who is certified by the appropriate medical board in the field encompassing such disease to perform or attend the autopsy and to certify his or her findings thereon. Such findings shall be filed with the State Board of Workers' Compensation and shall become a part of the record in the case. In the event no claim has been filed, the board may exercise such authority on its own motion or on application made at any time, upon presentation of facts showing that a controversy may arise in regard to the cause of death or the existence of any occupational disease. The board is authorized to charge the expense of any such autopsy against the party requesting it. (d) The physician selected to conduct the independent medical examination of the claimant, and issue a report on all medical questions presented, shall report in writing and file with the board all findings and conclusions on every medical question in controversy as soon as practicable, but in any event no later than 60 days after the date on which the independent medical examination, or autopsy, has been completed. (e) Either party may submit information to and may cross-examine such physician in accordance with paragraph (2) of subsection (e) of Code Section 34-9-102. Each party

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submitting information to such physician shall serve a copy of such information to the opposing party. The findings and conclusions contained in such report or testimony of such physician shall create a presumption of the correctness of such findings and conclusions, which presumption may be rebutted by other competent medical evidence. Section 9. Said article is further amended by striking Code Section 34-9-311, relating to the investigation of medical questions and hearings before the medical board, in its entirety and inserting in lieu thereof the following: 34-9-311. Reserved. Section 10. Said article is further amended by striking Code Section 34-9-312, relating to the conclusiveness of the findings of medical board decisions as to medical questions, in its entirety and inserting in lieu thereof the following: 34-9-312. Reserved. Section 11. Said article is further amended by striking Code Section 34-9-330, relating to the definition of disablement due to silicosis and asbestosis, in its entirety and inserting in lieu thereof the following: 34-9-330. Reserved. Section 12. Said article is further amended by striking Code Section 34-9-331, relating to the medical examinations of employees for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following: 34-9-331. Reserved. Section 13. Said article is further amended by striking Code Section 34-9-332, relating to the fixation of liability for compensation for silicosis and asbestosis, in its entirety and inserting in lieu thereof the following: 34-9-332. Reserved. Section 14. Said article is further amended by striking Code Section 34-9-333, relating to the presumption of disability

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or death from silicosis or asbestosis, in its entirety and inserting in lieu thereof the following: 34-9-333. Reserved. Section 15. Said article is further amended by striking Code Section 34-9-334, relating to the payment of compensation for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following: 34-9-334. Reserved. Section 16. Said article is further amended by striking Code Section 34-9-335, relating to the waiver of compensation for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following: 34-9-335. Reserved. Section 17. This Act shall be effective on July 1, 1987, and shall apply to any occupational disease not previously diagnosed before that date. Section 18. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987.

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COUNTIES JURISDICTION OF JUDGES OF THE PROBATE COURTS IN CERTAIN COUNTY MATTERS REPEALED; ORGANIZATION OF COUNTY GOVERNMENTS. Code Titles 1, 15, and 36 Amended. No. 791 (Senate Bill No. 208). AN ACT To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change a definition; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to delete certain provisions relating to the exercise of jurisdiction of the judge of the probate court in county matters; to continue the jurisdiction of the judge of the probate court in certain matters; to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, so as to delete those provisions relating to county government by the judge of the probate court; to change certain provisions relating to vacancies in the office of county commissioner; to change certain provisions relating to county managers; to provide for original and exclusive jurisdiction of county governing authorities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking paragraph (7) of Code Section 1-3-3, relating to definitions, and inserting in its place a new paragraph to read as follows: (7) `County governing authority' means the board of county commissioners, the sole county commissioner, or the governing authority of a consolidated government. Section 2. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by

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striking subsection (b) of Code Section 15-9-13, relating to procedures when the judge of that court is disqualified to act, and inserting in its place a new subsection to read as follows: (b) If there is no such judge or if for some reason the judge cannot serve in the case, the clerk of the judge of the probate court shall exercise all the jurisdiction of the judge of the probate court in the case. Section 3. Said chapter is further amended by adding immediately following Code Section 15-9-30 two new Code sections to read as follows: 15-9-30.1. Notwithstanding any local law or other law conferring jurisdiction on any other tribunal, the judges of the probate courts shall have the jurisdiction, concurrent with any such tribunals, in all cases in their counties involving the removal of obstructions from roads, as provided in subsection (a) of Code Section 44-9-59. 15-9-30.2. The judge of the probate court has authority to approve all official bonds which are required by law to be approved by that judge and which are sent to that judge by the Governor with the dedimus, to qualify such officers, and to deliver their commissions to them. Section 4. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, is amended by striking Code Section 36-1-5, relating to perfecting service upon a county, and inserting in its place a new Code section to read as follows: 36-1-5. In all cases in which a county is a party defendant, service shall be sufficient if perfected upon a majority of the commissioners, in those counties in which the affairs of the county are committed to a county commissioner or a board of county commissioners. Section 5. Said chapter is further amended by striking Article 1 thereof, relating to government by judge of the probate court, and inserting in its place the following: ARTICLE 1 RESERVED Section 6. Said chapter is further amended by striking subsection (a) of Code Section 36-5-21, relating to filling vacancies

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in the office of county commissioner, and inserting in its place a new subsection to read as follows: (a) When a vacancy occurs in the office of a county governing authority in any county in which the local Act creating that governing authority for the county makes no provision for succession to fill the vacancy and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21, the `Georgia Election Code,' and the cost of the election shall be defrayed by the proper county authorities. If the unexpired term to be filled is less than six months in duration and the local Act creating the governing authority makes no provision to fill the vacancy, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term. Section 7. Said chapter is further amended by striking Code Section 36-5-22, relating to the county manager, and inserting in its place a new Code section to read as follows: 36-5-22. (a) The governing authority of any county of this state or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of county manager and may vest in such office powers, duties, and responsibilities of an administrative nature. The qualifications, method of selection, appointment, compensation, tenure, and such other related matters pertaining to the office of county manager shall be provided for by the governing authority of the county. (b) Nothing in this Code section shall pertain to consolidated governments which include all the area within any county. (c) This Code section shall not apply to any county having a population of more than 400,000 according to the United States decennial census of 1970 or any future such census. Section 8. Said chapter is further amended by adding immediately following Code Section 36-5-22 a new Code section to read as follows:

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36-5-22.1. (a) The governing authority of each county has original and exclusive jurisdiction over the following subject matters: (1) The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient; (2) The levying of a general tax for general county purposes and a special tax for particular county purposes; (3) The establishing, altering, or abolishing of all roads, bridges, and ferries in conformity to law; (4) Reserved; (5) The filling of all vacancies in county offices unless some other body or official is empowered by law to so fill such vacancy; (6) The examining, settling, and allowing of all claims against the county; (7) The examining and auditing of the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and the settling of the same; (8) The making of such rules and regulations for the support of the poor of the poor of the county, for the county police and patrol, for the promotion of health, and for quarantine as are authorized by law or not inconsistent therewith; and (9) The regulating of peddling and fixing of the cost of licenses therefor. (b) Nothing in this Code section shall be construed to prohibit a local law from delegating to a chairman or chief executive officer of a county governing authority jurisdiction over any subject matter provided for in subsection (a) of this Code section.

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Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. INSURANCE GROUP LIFE INSURANCE, GROUP ACCIDENT AND SICKNESS INSURANCE, AND ACCIDENT AND SICKNESS INSURANCE ISSUED ON A FRANCHISE PLAN; REQUIREMENTS FOR PLACING POLICIES IN FORCE. Code Sections 33-27-1, 33-29-18, and 33-30-1 Amended. No. 792 (Senate Bill No. 361). AN ACT To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to the definition and requirements of group accident and sickness insurance policies, and Code Section 33-29-18, relating to the definition and requirements of accident and sickness insurance issued on a franchise plan, so as to change certain requirements that such policies may be placed in force only if a certain percentage or number of eligible persons are insured or elect to make the required contributions to the premium; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance

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policies, is amended by striking subparagraph (B) of paragraph (1), relating to policies issued to employee groups, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The premium for the policy shall be paid by the policyholder either wholly from the employer's funds or funds contributed by him or partly from such funds and partly from funds contributed by the insured employees, except as provided in Code Section 33-24-34. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured employees, except as provided in Code Section 33-24-34. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;. Section 2. Said Code Section 33-27-1 is further amended by striking subparagraph (C) of paragraph (1) and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) The policy must cover at least two employees at date of issue; and. Section 3. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (4), relating to policies issued to labor union groups, and inserting a new subparagraph (B) to read as follows: (B) The premium for the policy shall be paid by the policyholder either wholly from the union's funds or partly from such funds and partly from funds contributed by the insured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;. Section 4. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (5), relating to policies

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issued to trustee groups, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or employers of the insured persons, by the union or unions, or by both or partly from such funds and partly from funds contributed by the insured persons. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured persons specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;. Section 5. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (6), relating to policies issued to association groups, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The policy must cover at least 25 members at date of issue;. Section 6. Code Section 33-29-18, relating to the definition and requirements of accident and sickness insurance issued on a franchise plan, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows: (1) Two or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency, or department thereof; or. Section 7. Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to the definition of group accident and sickness insurance, is amended by striking paragraph (1) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring at least two employees of such employer for the benefit of persons other than the employer.

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As used in this paragraph, the term `employees' includes the officers, managers, and employees of the employer; the individual proprietor or partners, if the employer is an individual proprietor or partnership; the officers, managers, and employees of subsidiary or affiliated corporations; and the individual proprietors, partners, and employees of individuals and firms, if the business of the employer and such individual or firm is under common control through stock ownership, contract, or otherwise. The term may include retired employees. A policy issued to insure employees of a public body may provide that the term `employees' shall include elected or appointed officials;. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1987. DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IMPLIED CONSENT; REPORTS OF LAW ENFORCEMENT OFFICERS; TRANSMITTING TO DEPARTMENT OF PUBLIC SAFETY; PERIOD OF SUSPENSION. Code Section 40-5-55 Amended. No. 793 (Senate Bill No. 92). AN ACT To amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person; to

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provide for reports transmitted later than ten days after arrest; to provide that the period of suspension shall run after exhaustion of administrative appeals; to provide for definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (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 subsection (a) of this Code section, no test 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 or elsewhere throughout this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter. The sworn report required by this subsection of a law enforcement officer regarding the refusal of an arrested person to submit to a chemical test shall be transmitted to the department within ten days after the date of the arrest of such person, and the period of suspension shall begin to run only after all administrative hearings and appeals have been exhausted. Any report of a law enforcement officer which has been transmitted to or received by the department more than ten days after the arrest shall be filed by the department for record purposes only, and no action shall be taken by the department. As used in this subsection, the term `transmitted' shall mean deposited with the United States Postal Service, and a report under this subsection shall be deemed to have been transmitted within the ten-day period if it is

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postmarked on or before the tenth day after the date of arrest. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1987. COUNTY BUILDING AUTHORITIES IN COUNTIES OF 550,000 OR MORE MEMBERSHIP; ADDITIONAL ISSUE OF REVENUE BONDS; JUDICIAL FACILITIES. No. 794 (House Bill No. 607). AN ACT To amend an Act creating county building authorities in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, particularly by an Act approved April 14, 1982 (Ga. L. 1982, p. 5031), so as to change the membership of such authorities; to authorize an additional issue of revenue bonds for a project comprised of judicial facilities and facilities related thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating county building authorities in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, particularly by an Act approved April 14, 1982 (Ga. L. 1982, p. 5031), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. There is hereby created in each county in which this Act is applicable a body corporate and politic to

Page 1492

be known as the County Building Authority of such county which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of the Chairman of the Board of Commissioners, the County Manager, and the Director of Finance of such county or, in the event that such offices shall not exist in such county, the elected official who shall be the sole executive authority or the Chairman of the Board of Commissioners, the nonelected official who shall be the chief administrative officer of such county, and the individual who shall be or perform the functions of the County Treasurer. If the Board of Commissioners consists of three or more members, the Authority shall also consist of two members of the Board of Commissioners who shall be elected by the Board of Commissioners within 30 days after the effective date of this Act and every four years thereafter at the first meeting of the Board of Commissioners held in January following their election. If the Board of Commissioners consists of less than three members, all of the members of the Board of Commissioners shall also be members of the Authority. Immediately upon the passage and approval of this Act, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and shall elect a secretary and treasurer who need not necessarily be a member of the Authority. 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 not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act. Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

Page 1493

Section 5. (a) 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, is authorized to provide by resolution for the issuance of negotiable revenue bonds in an amount at any time outstanding not to exceed $75,000,000.00 for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. (b) In addition to the authorization under subsection (a) of this section, the Authority, or any Authority or body which may in the future succeed to the powers, duties, and liabilities vested in the Authority created hereby, is authorized to provide by resolution on or prior to January 1, 1989, for the issuance of negotiable revenue bonds in an amount at any time outstanding not to exceed $75,000,000.00 to be allocated solely for a project comprised of judicial facilities and facilities related thereto. Bonds issued pursuant to this subsection shall be refundable as otherwise provided in this Act. (c) The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated and shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the Authority shall be fixed by resolution of the Authority, and any limitations with respect to interest rates found in the Revenue Bond Law or the usury laws of the State of Georgia shall not apply to Authority obligations. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1987.

Page 1494

HEALTH HOSPITALS AND AMBULATORY SURGICAL CENTERS; REVIEW OF PROFESSIONAL PRACTICES; PEER REVIEW COMMITTEES; PERMITS; RECORDS; IMMUNITY; HOSPITAL CARE FOR NONRESIDENT INDIGENTS. Code Sections 31-7-14 and 31-8-37 Enacted. Code Section 31-7-132 Amended. No. 795 (House Bill No. 707). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the review of professional practices in a hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surgical center; to provide that certain functions may be performed by a peer review committee or any other organization formed pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the purpose of performing such functions; to require compliance with certain provisions as a condition for granting or renewing the permit of a hospital or ambulatory surgical center; to provide for regulations and supervision by the Department of Human Resources; to exempt proceedings and records from certain requirements; to grant immunity to professional health care providers, review organizations, and their members or employees; to provide that a hospital or ambulatory surgical center shall not be required to grant certain privileges; to provide that on and after July 1, 1987, hospitals shall not be required to comply with the provisions of Article 2 of Chapter 8 of Title 31 unless the General Assembly appropriates funds in an amount determined as the state-wide cost of care for nonresident indigent patients; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end of

Page 1495

Article 1 of Chapter 7 thereof, relating to hospitals and related institutions, a new Code Section 31-7-14 to read as follows: 31-7-14. (a) A hospital or ambulatory surgical center shall provide for the review of professional practices in the hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surgical center. This review shall include, but shall not be limited to, the following: (1) The quality of the care provided to patients as rendered in the hospital or ambulatory surgical center; (2) The review of medical treatment and diagnostic and surgical procedures in order to foster safe and adequate treatment of patients in the hospital or ambulatory surgical center; and (3) The evaluation of medical and health care services or the qualifications and professional competence of persons performing or seeking to perform such services. (b) The functions required by subsection (a) of this Code section may be performed by a `peer review committee,' defined as a committee of physicians appointed by a state or local or specialty medical society or appointed by the governing board or medical staff of a licensed hospital or ambulatory surgical center or any other organization formed pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the purpose of performing such functions required by subsection (a) of this Code section. (c) Compliance with the above provisions of subsection (a) of this Code section shall constitute a requirement for granting or renewing the permit of a hospital or ambulatory surgical center. The functions required by this Code section shall be carried out under the regulations and supervision of the department. (d) Proceedings and records conducted or generated in an attempt to comply with the duties imposed by subsection (a) of this Code section shall not be subject to the provisions of either Chapter 14 or Article 4 of Chapter 18 of Title 50.

Page 1496

(e) Nothing in this or any other Code section shall be deemed to require any hospital or ambulatory surgical center to grant medical staff membership or privileges to any licensed practitioner of the healing arts. Section 2. Said title is further amended by striking Code Section 31-7-132, relating to immunity from liability of persons providing information and of members and employees, in its entirety and substituting in lieu thereof a new Code Section 31-7-132 to read as follows: 31-7-132. (a) No professional health care provider nor any individual who serves as a member or employee of a professional health care provider or review organization nor any individual who furnishes counsel or services to a professional health care provider or review organization shall be held, by reason of the performance of peer review activities, to have violated any criminal law or to be civilly liable under any law unless he was motivated by malice toward any person affected by such activity. (b) No person, whether as a witness or otherwise, who provides information regarding peer review to a professional health care provider or review organization shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing it knew that such information was false. Section 3. Said title is further amended by adding at the end of Article 2 of Chapter 8 thereof, relating to hospital care for nonresident indigents, a new Code section, to be designated Code Section 31-8-37, to read as follows: 31-8-37. On and after July 1, 1987, hospitals shall not be required to comply with the provisions of this article unless the General Assembly appropriates funds in an amount determined as the state-wide cost of care for nonresident indigent patients as provided for in Code Section 31-8-36. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that Section 3 of this Act shall become effective on July 1, 1987.

Page 1497

Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1987. APPROPRIATIONS S.F.Y. 1987-88. No. 796 (House Bill No. 226). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other 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 State Fiscal Year beginning July 1, 1987, and ending June 30, 1988, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus and a revenue estimate of $5,782,000,000 for State Fiscal Year 1988. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 20,439,128 Personal Services - Staff $ 9,290,054 Personal Services - Elected Officials $ 3,487,847 Regular Operating Expenses $ 1,363,890 Travel - Staff $ 118,800 Travel - Elected Officials $ 6,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 468,150 Equipment Purchases $ 437,000 Computer Charges $ 428,000 Real Estate Rentals $ 68,864 Telecommunications $ 643,000 Per Diem, Fees and Contracts - Staff $ 224,599 Per Diem, Fees and Contracts - Elected Officials $ 2,557,424 Postage $ 141,700 Photography $ 71,000 Expense Reimbursement Account $ 1,132,800 Capital Outlay $ 0 Total Funds Budgeted $ 20,439,128 State Funds Budgeted $ 20,439,128

Page 1498

Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,856,269 $ 3,856,269 Lt. Governor's Office $ 482,534 $ 482,534 Secretary of the Senate's Office $ 1,031,466 $ 1,031,466 Total $ 5,370,269 $ 5,370,269 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,149,028 $ 8,149,028 Speaker of the House's Office $ 310,081 $ 310,081 Clerk of the House's Office $ 1,060,042 $ 1,060,042 Total $ 9,519,151 $ 9,519,151

Page 1499

Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 1,988,618 $ 1,988,618 Legislative Fiscal Office $ 1,513,742 $ 1,513,742 Legislative Budget Office $ 841,686 $ 841,686 Ancillary Activities $ 1,205,662 $ 1,205,662 Total $ 5,549,708 $ 5,549,708 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 membership 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; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State - owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office

Page 1500

space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; 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; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any 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 expenditure 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 payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 11,917,096 Operations Budget: Personal Services $ 10,023,924 Regular Operating Expenses $ 332,100 Travel $ 660,000 Motor Vehicle Purchases $ 121,446 Publications and Printing $ 28,700 Equipment Purchases $ 53,500 Per Diem, Fees and Contracts $ 81,000 Real Estate Rentals $ 366,857 Computer Charges $ 213,700 Telecommunications $ 35,869 Total Funds Budgeted $ 11,917,096 State Funds Budgeted $ 11,917,096

Page 1501

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 3,654,950 Section 4. Court of Appeals. Budget Unit: Court of Appeals $ 4,075,070 Section 5. Superior Courts. Budget Unit: Superior Courts $ 33,298,469 Operation of the Courts $ 31,691,205 Prosecuting Attorneys' Council $ 667,787 Sentence Review Panel $ 117,789 Council of Superior Court Judges $ 71,399 Judicial Administrative Districts $ 735,289 Habeas Corpus Clerk $ 15,000 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts $ 277,268 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education $ 467,268 Institute's Operations $ 376,250 Georgia Magistrate Courts Training Council $ 91,018 Section 8. Judicial Council. Budget Unit: Judicial Council $ 725,175 Council Operations $ 629,565 Payments to Judicial Administrative Districts for Case Counting $ 70,500 Board of Court Reporting $ 25,110 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 106,000

Page 1502

Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges $ 20,000 Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges $ 20,000 Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges $ 9,500 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 38,427,229 Administration and Services Budget: Personal Services $ 37,626,628 Regular Operating Expenses $ 7,466,219 Travel $ 248,000 Motor Vehicle Purchases $ 299,500 Publications and Printing $ 153,000 Equipment Purchases $ 1,876,285 Computer Charges $ 8,332,700 Real Estate Rentals $ 3,242,583 Telecommunications $ 619,960 Per Diem, Fees and Contracts $ 405,700 Rents and Maintenance Expense $ 16,356,200 Utilities $ 31,100 Postage $ 268,000 Payments to DOAS Fiscal Administration $ 1,959,300 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 0 Telephone Billings $ 29,750,000 Materials for Resale $ 10,032,800 Public Safety Officers Indemnity Fund $ 608,800 Health Planning Review Board Operations $ 50,000 Georgia Golf Hall of Fame Operations $ 30,000 Authorities Liability Reserve Fund $ 0 Grants to Counties and Municipalities $ 6,800,000 Total Funds Budgeted $ 126,156,775 State Funds Budgeted $ 38,427,229

Page 1503

Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 352,751 $ 352,751 Departmental Administration $ 2,340,811 $ 2,270,966 Treasury and Fiscal Administration $ 16,288,904 $ 14,329,604 Central Supply Administration $ 10,465,714 $ 0 Procurement Administration $ 2,535,892 $ 2,492,052 General Services Administration $ 611,621 $ 0 Space Management Administration $ 506,856 $ 506,856 Data Processing Services $ 46,128,814 $ 12,775,000 Motor Vehicle Services $ 2,613,870 $ 0 Communication Services $ 35,996,681 $ 5,700,000 Printing Services $ 4,984,741 $ 0 Surplus Property Services $ 1,328,550 $ 0 Mail and Courier Services $ 510,075 $ 0 Risk Management Services $ 1,491,495 $ 0 Total $ 126,156,775 $ 38,427,229

Page 1504

B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 18,187,542 Regular Operating Expenses $ 4,355,200 Travel $ 14,600 Motor Vehicle Purchases $ 30,000 Publications and Printing $ 55,500 Equipment Purchases $ 271,100 Computer Charges $ 70,000 Real Estate Rentals $ 8,500 Telecommunications $ 105,400 Per Diem, Fees and Contracts $ 152,800 Capital Outlay $ 740,000 Utilities $ 7,680,100 Contractual Expense $ 249,000 Fuel $ 40,000 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 31,959,742 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,983,265 $ 0 Custodial $ 4,613,084 $ 0 Maintenance $ 4,808,318 $ 0 Security $ 4,637,825 $ 0 Van Pool $ 191,236 $ 0 Sales $ 3,980,929 $ 0 Administration $ 10,843,088 $ 0 Railroad Excursions $ 667,997 $ 0 Facility Renovations $ 0 $ 0 Hazardous Materials Agency $ 234,000 $ 0 Undistributed $ 0 $ 0 Total $ 31,959,742 $ 0

Page 1505

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 31,934,965 State Operations Budget: Personal Services $ 27,109,849 Regular Operating Expenses $ 2,386,656 Travel $ 877,000 Motor Vehicle Purchases $ 649,875 Publications and Printing $ 684,000 Equipment Purchases $ 524,593 Computer Charges $ 450,657 Real Estate Rentals $ 730,920 Telecommunications $ 380,099 Per Diem, Fees and Contracts $ 432,136 Market Bulletin Postage $ 600,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,037,160 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,521,603 Veterinary Fees $ 547,000 Indemnities $ 91,000 Bee Indemnities $ 75,000 Advertising Contract $ 155,000 Payments to Georgia Agrirama Development Authority for Operations $ 420,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 465,000 Capital Outlay $ 30,000 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Poultry Indemnities $ 100,000 Total Funds Budgeted $ 40,377,548 State Funds Budgeted $ 31,934,965

Page 1506

Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 3,890,349 $ 3,448,256 Animal Industry $ 6,490,888 $ 6,119,328 Marketing $ 2,017,537 $ 2,011,490 General Field Forces $ 3,296,645 $ 3,296,645 Internal Administration $ 4,251,074 $ 4,178,132 Information and Education $ 1,384,652 $ 1,384,652 Fuel and Measures $ 2,702,665 $ 2,695,665 Consumer Protection Field Forces $ 5,723,573 $ 4,510,116 Meat Inspection $ 4,142,024 $ 1,715,476 Major Markets $ 4,229,183 $ 755,235 Seed Technology $ 323,685 $ 0 Entomology and Pesticides $ 1,925,273 $ 1,819,970 Total $ 40,377,548 $ 31,934,965

Page 1507

B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 498,560 Regular Operating Expenses $ 118,000 Travel $ 7,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 17,300 Equipment Purchases $ 4,923 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 7,400 Per Diem, Fees and Contracts $ 29,000 Capital Outlay $ 0 Goods for Resale $ 79,662 Total Funds Budgeted $ 762,345 State Funds Budgeted $ 0 Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 5,328,257 Administration and Examination Budget: Personal Services $ 4,390,709 Regular Operating Expenses $ 206,000 Travel $ 321,198 Motor Vehicle Purchases $ 40,000 Publications and Printing $ 13,000 Equipment Purchases $ 15,900 Computer Charges $ 128,950 Real Estate Rentals $ 175,500 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 5,328,257 State Funds Budgeted $ 5,328,257

Page 1508

Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 7,829,342 State Operations Budget: Personal Services $ 4,651,566 Regular Operating Expenses $ 144,474 Travel $ 184,514 Motor Vehicle Purchases $ 7,500 Publications and Printing $ 95,850 Equipment Purchases $ 18,789 Computer Charges $ 26,600 Real Estate Rentals $ 364,068 Telecommunications $ 59,503 Per Diem, Fees and Contracts $ 103,680 Capital Felony Expenses $ 50,000 Contracts with Area Planning and Development Commissions $ 1,400,000 Local Assistance Grants $ 968,500 Appalachian Regional Commission Assessment $ 139,000 Community Development Block Grants (Federal) $ 30,000,000 Juvenile Justice Grants (Federal) $ 1,000,000 Grant - Richmond County $ 0 Economic Development Grants $ 770,000 Payment to Georgia Environmental Facilities Authority $ 384,844 Total Funds Budgeted $ 40,368,888 State Funds Budgeted $ 7,829,342 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 3,785,126 $ 3,728,126 Technical Assistance $ 2,494,964 $ 1,247,407 Community and Economic Development $ 32,947,474 $ 1,882,520 Intergovernmental $ 1,141,324 $ 971,289 Total $ 40,368,888 $ 7,829,342

Page 1509

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 258,125,381 Personal Services $ 186,170,055 Regular Operating Expenses $ 21,661,157 Travel $ 1,238,761 Motor Vehicle Purchases $ 865,000 Publications and Printing $ 284,000 Equipment Purchases $ 3,634,462 Computer Charges $ 920,588 Real Estate Rentals $ 2,800,914 Telecommunications $ 2,040,750 Per Diem, Fees and Contracts $ 1,503,437 Capital Outlay $ 2,067,000 Utilities $ 8,346,400 Court Costs $ 350,000 County Subsidy $ 9,855,000 County Subsidy for Jails $ 368,438 County Workcamp Construction Grants $ 2,000,000 Grants for Local Jails $ 600,000 Central Repair Fund $ 600,000 Payments to Central State Hospital for Meals $ 2,942,150 Payments to Central State Hospital for Utilities $ 1,495,480 Payments to Public Safety for Meals $ 300,000 Inmate Release Fund $ 950,000 Health Services Purchases $ 13,277,568 Payments to MAG for Health Care Certification $ 47,749 University of Georgia - Cooperative Extension Service Contracts $ 262,900 Minor Construction Fund $ 0 Authority Lease Rentals $ 0 Grant to Richmond County $ 20,000 Total Funds Budgeted $ 264,601,809 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 258,125,381

Page 1510

Departmental Functional Budgets Total Funds State Funds General Administration $ 11,729,081 $ 11,279,081 Adult Facilities and Programs $ 18,255,733 $ 18,042,233 Training $ 1,582,568 $ 1,538,024 Georgia Training and Development Center $ 1,720,286 $ 1,720,286 Georgia Industrial Institute $ 8,657,863 $ 8,657,863 Georgia Diagnostic and Evaluation Center $ 9,806,734 $ 9,806,734 Georgia State Prison $ 18,517,481 $ 18,517,481 Consolidated Branches $ 15,354,439 $ 15,274,439 Middle Georgia Correctional Institution $ 22,884,975 $ 22,884,975 Jack T. Rutledge Correctional Institution $ 3,689,440 $ 3,689,440 Central Correctional Institution $ 3,312,516 $ 3,312,516 Metro Correctional Institution $ 4,280,356 $ 4,280,356 Coastal Correctional Institution $ 4,585,287 $ 4,585,287 Central Funds $ 9,396,087 $ 9,396,087 D.O.T. Work Details $ 769,384 $ 0 Food Services $ 14,245,088 $ 13,567,088 Farm Services $ 6,113,756 $ 6,113,756 Dodge Correctional Institution $ 3,460,379 $ 3,460,379 Transitional Centers $ 4,058,230 $ 4,058,230 Augusta Correctional and Medical Institution $ 6,399,752 $ 6,399,752 Health Care $ 24,600,735 $ 24,600,735 Rogers Correctional Institution $ 4,175,706 $ 4,175,706 Burruss Correctional and Training Facility $ 3,375,468 $ 3,375,468 Rehabilitation Programs $ 17,856,409 $ 17,856,409 Federal Grants $ 0 $ 0 Probation Administration $ 855,489 $ 855,489 Probation Field Services $ 36,609,136 $ 33,209,136 Probation Diversion and Detention Centers $ 8,309,431 $ 7,468,431 Total $ 264,601,809 $ 258,125,381

Page 1511

B. Budget Unit: Board of Pardons and Paroles $ 18,170,715 Board of Pardons and Paroles Budget: Personal Services $ 14,884,561 Regular Operating Expenses $ 411,183 Travel $ 438,100 Motor Vehicle Purchases $ 117,000 Publications and Printing $ 51,000 Equipment Purchases $ 218,269 Computer Charges $ 168,000 Real Estate Rentals $ 1,063,090 Telecommunications $ 376,500 Per Diem, Fees and Contracts $ 96,000 County Jail Subsidy $ 347,012 Total Funds Budgeted $ 18,170,715 State Funds Budgeted $ 18,170,715

Page 1512

Section 18. Department of Defense. Budget Unit: Department of Defense $ 4,367,476 Operations Budget: Personal Services $ 7,025,543 Regular Operating Expenses $ 1,791,719 Travel $ 67,650 Motor Vehicle Purchases $ 50,000 Publications and Printing $ 43,050 Equipment Purchases $ 79,300 Computer Charges $ 9,350 Real Estate Rentals $ 8,200 Telecommunications $ 81,480 Per Diem, Fees and Contracts $ 164,600 Utilities $ 1,683,378 Grants to Locals - Emergency Management Assistance $ 1,420,000 Grants - Others $ 42,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 0 Grants to Armories $ 535,000 Repairs and Renovations $ 75,000 Total Funds Budgeted $ 13,136,270 State Funds Budgeted $ 4,367,476 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,649,542 $ 1,142,310 Georgia Emergency Management Agency $ 1,877,800 $ 885,989 Georgia Air National Guard $ 3,233,115 $ 442,999 Georgia Army National Guard $ 5,375,813 $ 1,896,178 Total $ 13,136,270 $ 4,367,476

Page 1513

Section 19. State Board of Education - Department of Education. Budget Unit: Department of Education $2,199,029,592 Operations: Personal Services $ 36,543,998 Regular Operating Expenses $ 3,186,483 Travel $ 1,123,335 Motor Vehicle Purchases $ 80,000 Publications and Printing $ 497,012 Equipment Purchases $ 290,968 Computer Charges $ 6,902,150 Real Estate Rentals $ 2,203,582 Telecommunications $ 615,382 Per Diem, Fees and Contracts $ 10,489,631 Utilities $ 991,165 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 561,478,619 Grades 4 - 8 $ 474,980,446 Grades 9 - 12 $ 245,181,747 High School Laboratories $ 69,575,612 Vocational Education Laboratories $ 81,377,370 Special Education $ 152,778,774 Gifted $ 16,598,395 Remedial Education $ 22,031,977 Staff Development $ 7,395,825 Professional Development $ 23,027,563 Media $ 77,930,205 Indirect Cost $ 418,531,761 Pupil Transportation $ 101,065,399 Isolated Schools $ 936,193 Local Fair Share $ (381,072,432) Other Categorical Grants: Equalization Formula $ 101,896,110 Sparsity Grants $ 400,000 In School Suspension $ 0 Special Instructional Assistance $ 1,000,000 Middle School Incentive $ 3,000,000 Special Education Low - Incidence Grants $ 100,000 Non-QBE Grants: Education of Children of Low-Income Families $ 78,364,380 Retirement (H.B. 272 and H.B. 1321) $ 1,700,000 Instructional Services for the Handicapped $ 20,531,560 Tuition for the Multi-Handicapped $ 1,472,000 Severely Emotionally Disturbed $ 27,816,083 School Lunch (Federal) $ 121,090,490 School Lunch (State) $ 21,502,822 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 5,340,238 Regional Education Service Agencies $ 5,813,142 Georgia Learning Resources System $ 1,984,022 High School Program $ 12,267,566 Special Education in State Institutions $ 2,581,128 Governor's Scholarships $ 913,920 Special Projects $ 1,044,000 Job Training Partnership Act $ 2,860,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 4,230,276 Salaries and Travel of Public Librarians $ 8,539,061 Public Library Materials $ 4,424,861 Talking Book Centers $ 746,975 Public Library M O $ 3,497,926 Health Insurance for Non-Certificated Personnel $ 0 Health Insurance for Retired Teachers $ 0 Grants to Local School Systems for Educational Purposes $ 78,000,000 Child Care Lunch Program (Federal) $ 14,261,645 Chapter II - Block Grant Flow Through $ 8,702,655 Payment of Federal Funds to Postsecondary Vocational Education $ 10,440,540 Program for the Handicapped 0 to 2 years old $ 0 Innovative Programs $ 548,000 Technology Grants $ 500,000 Limited English - Speaking Students Program $ 250,000 Total Funds Budgeted $2,480,927,100 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $2,199,029,592

Page 1515

Education Functional Budgets Total Funds State Funds Instructional Services $ 7,617,716 $ 4,730,821 Governor's Honors Program $ 859,671 $ 844,671 Vocational Education $ 5,679,353 $ 2,445,567 Public Library Services $ 1,902,790 $ 844,683 State Administration $ 9,668,045 $ 8,501,937 Administrative Services $ 9,766,101 $ 6,412,068 Planning and Development $ 12,053,728 $ 10,872,812 Professional Standards Commission $ 224,831 $ 224,831 Professional Practices Commission $ 494,176 $ 494,176 Local Programs $2,418,003,394 $2,149,600,527 Georgia Academy for the Blind $ 4,015,819 $ 3,873,335 Georgia School for the Deaf $ 6,553,202 $ 6,372,735 Atlanta Area School for the Deaf $ 4,088,274 $ 3,811,429 Total $2,480,927,100 $2,199,029,592

Page 1516

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 885,753 Regular Operating Expenses $ 11,300 Travel $ 7,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 23,000 Equipment Purchases $ 5,100 Computer Charges $ 259,000 Real Estate Rentals $ 115,706 Telecommunications $ 26,500 Per Diem, Fees and Contracts $ 583,200 Postage $ 67,500 Benefits to Retirees $ 0 Employer Contribution $ 0 Total Funds Budgeted $ 1,984,559 State Funds Budgeted $ 0 Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 32,167,480 State Operations Budget: Personal Services $ 24,986,730 Regular Operating Expenses $ 5,652,973 Travel $ 145,415 Motor Vehicle Purchases $ 1,571,112 Publications and Printing $ 88,000 Equipment Purchases $ 2,534,695 Computer Charges $ 69,091 Real Estate Rentals $ 29,928 Telecommunications $ 686,135 Per Diem, Fees and Contracts $ 268,346 Contractual Research $ 250,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Wood Energy Program $ 51,500 Capital Outlay $ 679,500 Total Funds Budgeted $ 37,403,425 State Funds Budgeted $ 32,167,480

Page 1517

Section 22. Georgia Bureau of Investigation. Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 4,099,268 $ 1,172,016 Field Services $ 30,923,984 $ 28,622,291 Wood Energy $ 51,500 $ 51,500 General Administration and Support $ 2,328,673 $ 2,321,673 Total $ 37,403,425 $ 32,167,480 Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 30,211,102 Operations Budget: Personal Services $ 21,122,305 Regular Operating Expenses $ 2,015,279 Travel $ 602,075 Motor Vehicle Purchases $ 811,000 Publications and Printing $ 119,845 Equipment Purchases $ 574,000 Computer Charges $ 857,000 Real Estate Rentals $ 1,775,757 Telecommunications $ 1,598,841 Per Diem, Fees and Contracts $ 40,000 Evidence Purchased $ 479,000 Utilities $ 93,000 Postage $ 73,000 Capital Outlay $ 50,000 Total Funds Budgeted $ 30,211,102 Total State Funds Budgeted $ 30,211,102

Page 1518

Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,071,917 $ 3,071,917 Drug Enforcement $ 5,859,937 $ 5,859,937 Investigative $ 9,976,366 $ 9,976,366 Georgia Crime Information Center $ 5,687,396 $ 5,687,396 Undistributed $ 0 $ 0 Total $ 24,595,616 $ 24,595,616 Forensic Sciences Division Budget Personal Services $ 4,466,586 Regular Operating Expenses $ 477,900 Travel $ 39,000 Motor Vehicle Purchases $ 77,000 Publications and Printing $ 8,000 Equipment Purchases $ 241,000 Computer Charges $ 140,000 Telecommunications $ 117,000 Per Diem, Fees and Contracts $ 9,000 Utilities $ 35,000 Postage $ 5,000 Total Funds Budgeted $ 5,615,486 Total State Funds Budgeted $ 5,615,486

Page 1519

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ 0 Departmental Operations Budget: Personal Services $ 1,037,718 Regular Operating Expenses $ 31,100 Travel $ 9,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 3,000 Computer Charges $ 12,000 Real Estate Rentals $ 99,344 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 115,000 Total Funds Budgeted $ 1,319,362 State Funds Budgeted $ 0 Section 24. Office of the Governor. Budget Unit: Office of the Governor $ 16,213,709 Personal Services $ 7,523,717 Regular Operating Expenses $ 246,000 Travel $ 146,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 148,000 Equipment Purchases $ 50,000 Computer Charges $ 108,000 Real Estate Rentals $ 587,189 Telecommunications $ 189,000 Per Diem, Fees and Contracts $ 59,009,000 Cost of Operations $ 2,613,891 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 153,000 Art Grants of State Funds $ 2,500,000 Art Grants of Non-State Funds $ 366,000 Humanities Grant - State Funds $ 50,000 Total Funds Budgeted $ 76,229,797 State Funds Budgeted $ 16,213,709

Page 1520

Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 5,306,891 $ 5,306,891 Office of Fair Employment Practices $ 752,652 $ 691,439 Office of Planning and Budget $ 4,093,733 $ 3,991,152 Council for the Arts $ 3,442,591 $ 2,960,581 Office of Consumer Affairs $ 1,909,650 $ 1,909,650 State Energy Office $ 59,508,656 $ 313,239 Governor's Committee on Post Secondary Education $ 167,630 $ 167,630 Consumers' Utility Counsel $ 481,834 $ 481,834 Criminal Justice Coordinating Council $ 391,293 $ 391,293 Vocational Education Advisory Council $ 174,867 $ 0 Total $ 76,229,797 $ 16,213,709 Section 25. Department of Human Resources. A. Budget Unit: Departmental Operations $ 390,192,516 1. General Administration and Support Budget: Personal Services $ 43,572,788 Regular Operating Expenses $ 2,025,664 Travel $ 1,241,400 Motor Vehicle Purchases $ 0 Publications and Printing $ 248,610 Equipment Purchases $ 390,650 Computer Charges $ 2,398,360 Real Estate Rentals $ 4,410,080 Telecommunications $ 884,883 Per Diem, Fees and Contracts $ 35,760,040 Utilities $ 276,500 Postage $ 852,480 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 0 Payments to DMA - Community Care $ 6,898,000 Service Benefits for Children $ 6,470,574 Special Purpose Contracts $ 215,000 Total Funds Budgeted $ 105,645,029 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 47,532,353

Page 1521

General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 757,303 $ 757,303 Administrative Appeals $ 1,080,652 $ 1,080,652 Administrative Policy, Coordination, and Direction $ 302,836 $ 302,836 Personnel $ 8,416,765 $ 8,374,239 Indirect Cost $ 0 $ (5,639,765) Facilities Management $ 4,696,486 $ 3,178,600 Public Affairs $ 450,434 $ 450,434 Community/Intergovernmental Affairs $ 497,862 $ 497,862 Budget Administration $ 1,561,735 $ 1,561,735 Financial Services $ 4,810,644 $ 4,610,644 Auditing Services $ 1,857,762 $ 1,857,762 Special Projects $ 495,000 $ 495,000 Office Of Children and Youth $ 6,714,826 $ 6,405,683 Planning Councils $ 440,787 $ 133,579 Community Services Block Grant $ 8,966,618 $ 0 Regulatory Services - Program Direction and Support $ 751,390 $ 751,390 Child Care Licensing $ 2,026,421 $ 2,006,421 Laboratory Improvement $ 799,424 $ 471,655 Health Care Facilities Regulation $ 2,662,171 $ 813,720 Compliance Monitoring $ 403,797 $ 403, 797 Radiological Health $ 792,876 $ 602,893 Fraud and Abuse $ 4,329,522 $ 272,973 Child Support Recovery $ 13,999,622 $ 2,290,490 Support Services $ 2,870,264 $ 2,657,664 Aging Services $ 32,102,600 $ 10,930,652 Aging Administration $ 2,685,520 $ 1,145,422 State Health Planning and Development Agency $ 1,171,712 $ 1,118,712 Total $ 105,645,029 $ 47,532,353

Page 1523

2. Public Health Budget: Personal Services $ 38,722,829 Regular Operating Expenses $ 48,650,665 Travel $ 1,046,873 Motor Vehicle Purchases $ 20,000 Publications and Printing $ 318,995 Equipment Purchases $ 405,554 Computer Charges $ 655,883 Real Estate Rentals $ 650,580 Telecommunications $ 587,850 Per Diem, Fees and Contracts $ 17,406,454 Utilities $ 0 Postage $ 86,410 Crippled Children Clinics $ 559,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Midwifery Program Benefits $ 1,765,000 Crippled Children Benefits $ 7,142,000 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,532,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,299,000 Family Planning Benefits $ 302,000 Grant-In-Aid to Counties $ 53,220,094 Purchase of Service Contracts $ 562,000 Special Purpose Contracts $ 6,345,000 Total Funds Budgeted $ 193,669,982 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 113,180,123 Public Health Functional Budgets Total Funds State Funds Director's Office $ 729,277 $ 532,052 Employees' Health $ 327,570 $ 292,570 Health Program Management $ 1,058,815 $ 973,815 Vital Records $ 1,981,216 $ 1,882,088 Health Services Research $ 687,430 $ 464,612 Primary Health Care $ 784,546 $ 756,631 Stroke and Heart Attack Prevention $ 1,907,366 $ 1,377,366 Epidemiology $ 1,700,557 $ 756,980 Immunization $ 469,330 $ 0 Sexually Transmitted Diseases $ 1,574,092 $ 318,264 Community Tuberculosis Center $ 1,284,709 $ 1,284,709 Family Health Management $ 8,196,179 $ 2,997,031 Infant and Child Health $ 8,398,732 $ 8,252,678 Maternal Health - Perinatal $ 209,243 $ 7,798 Family Planning $ 9,493,243 $ 4,760,231 Malnutrition $ 53,135,760 $ 0 Dental Health $ 1,659,801 $ 1,449,626 Children's Medical Services $ 11,381,296 $ 8,608,681 Chronic Disease $ 1,334,123 $ 1,334,123 Diabetes $ 628,316 $ 628,316 Cancer Control $ 3,454,168 $ 3,454,168 Environmental Health $ 959,912 $ 421,140 Laboratory Services $ 4,571,340 $ 4,446,340 Emergency Health $ 2,603,056 $ 1,442,753 District Health Administration $ 9,395,601 $ 9,265,926 Newborn Follow-Up Care $ 1,304,337 $ 892,387 Sickle Cell, Vision and Hearing $ 1,171,340 $ 1,171,340 High-Risk Pregnant Women and Infants $ 7,532,022 $ 7,532,022 Grant in Aid to Counties $ 50,525,054 $ 45,193,902 Teenage Pregnancy Prevention $ 275,000 $ 275,000 Community Health Management $ 2,220,096 $ 1,322,580 Community Care $ 2,716,455 $ 1,084,994 Total $ 193,669,982 $ 113,180,123

Page 1525

3. Rehabilitation Services Budget: Personal Services $ 58,871,401 Regular Operating Expenses $ 12,139,963 Travel $ 773,769 Motor Vehicle Purchases $ 137,000 Publications and Printing $ 129,100 Equipment Purchases $ 1,013,022 Computer Charges $ 1,629,019 Real Estate Rentals $ 2,505,650 Telecommunications $ 1,469,410 Per Diem, Fees and Contracts $ 5,403,047 Utilities $ 1,088,200 Capital Outlay $ 0 Postage $ 485,680 Institutional Repairs and Maintenance $ 30,700 Case Services $ 20,652,000 E.S.R.P. Case Services $ 50,000 Special Purpose Contracts $ 312,000 Purchase of Services Contracts $ 5,778,156 Total Funds Budgeted $ 112,468,117 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,461,945

Page 1526

Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,439,711 $ 1,503,069 Grants Management $ 642,427 $ 530,225 State Rehabilitation Facilities $ 5,373,197 $ 1,087,320 Roosevelt Warm Springs Institute $ 16,475,570 $ 4,132,023 Georgia Factory for the Blind $ 14,834,937 $ 577,266 Disability Adjudication $ 29,025,949 $ 0 Production Workshop $ 1,012,901 $ 0 District Field Services $ 34,525,599 $ 7,312,826 Independent Living $ 461,243 $ 261,243 Sheltered Employment $ 1,160,427 $ 541,817 Community Facilities $ 5,106,256 $ 5,106,256 Boddy Dodd Workshop $ 409,900 $ 409,900 Total $ 112,468,117 $ 21,461,945 4. Family and Children Services Budget: Personal Services $ 12,782,906 Regular Operating Expenses $ 363,470 Travel $ 392,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 749,900 Equipment Purchases $ 103,103 Computer Charges $ 12,608,036 Real Estate Rentals $ 226,015 Per Diem, Fees and Contracts $ 8,188,727 Telecommunications $ 929,500 Utilities $ 9,100 Postage $ 978,830 Cash Benefits $ 270,776,238 Grants to County DFACS - Operations $ 160,786,085 Service Benefits for Children $ 39,787,179 Special Purpose Contracts $ 5,370,200 Total Funds Budgeted $ 514,051,289 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 208,018,095

Page 1527

Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,408,000 $ 0 AFDC Payments $ 256,818,238 $ 91,466,684 SSI - Supplemental Benefits $ 4,000 $ 4,000 Energy Benefits $ 13,400,000 $ 0 County DFACS Operations - Social Services $ 44,563,531 $ 23,521,110 County DFACS Operations - Eligibility $ 65,729,738 $ 32,825,540 County DFACS Operations - Joint and Administration $ 42,804,666 $ 21,743,268 County DFACS Operations - Homemakers Services $ 6,099,507 $ 5,518,107 Food Stamp Issuance $ 3,100,000 $ 0 Director's Office $ 736,236 $ 736,236 Administrative Support $ 3,080,063 $ 2,601,046 Regional Administration $ 3,448,805 $ 3,448,805 Public Assistance $ 5,422,637 $ 1,946,037 Management Information Systems $ 15,392,728 $ 6,034,586 Social Services $ 2,026,169 $ 2,026,169 Indirect Cost $ 0 $ (8,000,000) Employability Benefits $ 3,441,099 $ 946,443 Legal Services $ 1,100,000 $ 875,000 Family Foster Care $ 17,501,000 $ 11,526,396 Institutional Foster Care $ 1,724,000 $ 1,207,587 Specialized Foster Care $ 485,700 $ 240,757 Adoption Supplement $ 1,711,000 $ 1,666,891 Day Care $ 17,602,680 $ 3,285,528 Home Management - Contracts $ 150,000 $ 48,816 Outreach - Contracts $ 737,000 $ 233,836 Special Projects $ 1,040,227 $ 1,035,627 Program Support $ 2,935,622 $ 2,087,485 County DFACS Operations - Employability Program $ 1,588,643 $ 992,141 Total $ 514,051,289 $ 208,018,095

Page 1529

Budget Unit Object Classes: Personal Services $ 153,949,924 Regular Operating Expenses $ 63,179,762 Travel $ 3,454,042 Motor Vehicle Purchases $ 157,000 Publications and Printing $ 1,446,605 Equipment Purchases $ 1,912,329 Computer Charges $ 17,291,298 Real Estate Rentals $ 7,792,325 Telecommunications $ 3,871,643 Per Diem, Fees and Contracts $ 66,758,268 Utilities $ 1,373,800 Postage $ 2,403,400 Capital Outlay $ 0 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 7,142,000 Crippled Children Clinics $ 559,000 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,532,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,299,000 Family Planning Benefits $ 302,000 Midwifery Program Benefits $ 1,765,000 Grant-In-Aid to Counties $ 53,220,094 Payments to DMA-Community Care $ 6,898,000 Service Benefits for Children $ 46,257,753 Case Services $ 20,652,000 E.S.R.P. Case Services $ 50,000 Cash Benefits $ 270,776,238 Grants for County DFACS - Operations $ 160,786,085 Institutional Repairs and Maintenance $ 30,700 Special Purpose Contracts $ 12,242,200 Purchase of Service Contracts $ 6,340,156 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 417,561,185 Departmental Operations: Personal Services $ 334,360,768 Regular Operating Expenses $ 31,758,060 Travel $ 892,950 Motor Vehicle Purchases $ 335,895 Publications and Printing $ 149,260 Equipment Purchases $ 3,830,242 Computer Charges $ 4,228,305 Real Estate Rentals $ 647,487 Telecommunications $ 2,787,550 Per Diem, Fees and Contracts $ 32,767,011 Utilities $ 15,150,635 Postage $ 247,598 Capital Outlay $ 876,890 Authority Lease Rentals $ 2,119,055 Institutional Repairs and Maintenance $ 1,733,056 Grants to County-Owned Detention Centers $ 1,926,470 Substance Abuse Community Services $ 1,102,000 Mental Retardation Community Services $ 91,544,164 Mental Health Community Services $ 11,817,693 Community Mental Health Center Services $ 74,625,064 Special Purpose Contract $ 0 Reserve for DeKalb RYDC $ 808,887 Cost-of-Living Adjustment $ 0 Total Funds Budgeted $ 613,709,040 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 417,561,185

Page 1530

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 33,449,038 $ 22,209,724 Georgia Retardation Center $ 28,690,590 $ 14,413,897 Georgia Mental Health Institute $ 23,628,173 $ 20,545,047 Georgia Regional Hospital at Augusta $ 18,581,831 $ 15,668,604 Northwest Regional Hospital at Rome $ 24,467,687 $ 18,510,751 Georgia Regional Hospital at Atlanta $ 27,679,616 $ 21,537,789 Central State Hospital $ 115,452,903 $ 80,941,885 Georgia Regional Hospital at Savannah $ 21,653,003 $ 18,461,436 Gracewood State School and Hospital $ 43,071,428 $ 22,752,153 West Central Georgia Regional Hospital $ 18,629,820 $ 15,077,142 Outdoor Therapeutic Program $ 1,965,766 $ 1,813,486 Mental Health Community Assistance $ 8,019,997 $ 8,019,997 Mental Retardation Community Assistance $ 3,126,079 $ 2,322,418 Central Pharmacy $ 144,154 $ 144,154 Day Care Centers for Mentally Retarded $ 68,448,070 $ 33,741,450 Supportive Living $ 11,514,662 $ 7,241,926 Georgia State Foster Grandparents/Senior Companion Program $ 587,394 $ 573,148 Project Rescue $ 386,609 $ 223,609 Drug Abuse Contracts $ 1,102,000 $ 1,102,000 Community Mental Health Center Services $ 74,625,064 $ 32,257,802 Uniform Alcoholism Projects $ 0 $ 0 Project ARC $ 361,376 $ 361,376 Metro Drug Abuse Centers $ 1,643,922 $ 938,382 Group Homes for Autistic Children $ 262,890 $ 262,890 Project Friendship $ 303,031 $ 303,031 Community Mental Retardation Staff $ 3,375,676 $ 3,059,431 Community Mental Retardation Residential Services $ 18,048,949 $ 12,989,871 Contract with Clayton County Board of Education for Autistic Children $ 73,200 $ 73,200 MH/MR/SA Advisory Council $ 46,347 $ 46,347 MH/MR/SA Administration $ 7,375,911 $ 6,301,635 MH/MR/SA Indirect Cost $ 0 $ (295,000) Regional Youth Development Centers $ 16,175,962 $ 15,797,962 Milledgeville State YDC $ 8,667,600 $ 8,333,389 Augusta State YDC $ 6,256,843 $ 6,186,108 Atlanta State YDC $ 3,384,853 $ 3,299,339 Macon State YDC $ 3,516,708 $ 3,420,308 Court Services $ 9,521,126 $ 9,521,126 Community Treatment Centers $ 2,459,615 $ 2,459,615 Day Centers $ 816,487 $ 816,487 Group Homes $ 617,148 $ 617,148 Purchased Services $ 2,800,596 $ 2,800,596 Runaway Investigation/Interstate Compact $ 600,434 $ 600,434 Assessment and Classification $ 369,439 $ 369,439 Youth Services Administration $ 1,807,043 $ 1,739,653 Cost-of-Living Adjustment $ 0 $ 0 Total $ 613,709,040 $ 417,561,185

Page 1533

Section 26. Department of Industry and Trade. Budget Unit: Department of Industry and Trade $ 16,551,467 State Operations Budget: Personal Services $ 6,300,845 Regular Operating Expenses $ 894,000 Travel $ 316,000 Motor Vehicle Purchases $ 18,000 Publications and Printing $ 340,000 Equipment Purchases $ 82,000 Computer Charges $ 184,500 Real Estate Rentals $ 538,700 Telecommunications $ 185,000 Per Diem, Fees and Contracts $ 429,000 Postage $ 186,000 Local Welcome Center Contracts $ 200,000 Advertising and Cooperative Advertising $ 4,675,000 Georgia Ports Authority Authority Lease Rentals $ 2,745,000 Historic Chattahoochee Commission Contract $ 80,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 50,000 Georgia Music Week Promotion $ 35,000 Georgia World Congress Center Operating Expenses $ 0 Contract - Georgia Association of Broadcasters $ 53,000 Southern Center for International Studies $ 25,000 Capital Outlay $ 0 Total Funds Budgeted $ 17,362,045 State Funds Budgeted $ 16,551,467

Page 1534

Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 5,830,108 $ 5,019,530 Economic Development $ 5,036,612 $ 5,036,612 Tourism $ 6,495,325 $ 6,495,325 Total $ 17,362,045 $ 16,551,467 Section 27. Department of Insurance. Budget Unit: Office of Insurance Commissioner $ 9,370,169 Operations Budget: Personal Services $ 8,625,783 Regular Operating Expenses $ 366,500 Travel $ 237,500 Motor Vehicle Purchases $ 13,000 Publications and Printing $ 140,500 Equipment Purchases $ 66,067 Computer Charges $ 377,101 Real Estate Rentals $ 525,718 Telecommunications $ 152,400 Per Diem, Fees and Contracts $ 31,500 Total Funds Budgeted $ 10,536,069 State Funds Budgeted $ 9,370,169

Page 1535

Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,384,886 $ 1,384,886 Insurance Regulation $ 2,529,351 $ 2,423,366 Industrial Loans Regulation $ 545,494 $ 545,494 Information and Enforcement $ 1,745,800 $ 1,745,800 Fire Safety and Mobile Home Regulations $ 4,330,538 $ 3,270,623 Total $ 10,536,069 $ 9,370,169 Section 28. Department of Labor. Budget Unit: Department of Labor $ 5,765,174 State Operations: Personal Services $ 58,444,389 Regular Operating Expenses $ 8,074,000 Travel $ 1,035,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 61,000 Equipment Purchases $ 449,000 Computer Charges $ 2,097,000 Real Estate Rentals $ 2,453,694 Telecommunications $ 1,438,000 Per Diem, Fees and Contracts (JTPA) $ 61,002,822 Per Diem, Fees and Contracts $ 1,278,000 W.I.N. Grants $ 264,328 Payments to State Treasury $ 400,000 Total Funds Budgeted $ 136,997,233 State Funds Budgeted $ 5,765,174

Page 1536

Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 4,290,756 $ 1,135,014 Administrative Services $ 12,099,163 $ 1,020,664 Unemployment Insurance $ 7,545,563 $ 4,166 Employment Services $ 4,346,437 $ 349,632 Field Services $ 55,653,001 $ 3,255,698 Job Training Partnership $ 53,062,313 $ 0 Total $ 136,997,233 $ 5,765,174 Section 29. Department of Law. Budget Unit: Department of Law $ 7,529,594 Attorney General's Office Budget: Personal Services $ 6,589,251 Regular Operating Expenses $ 413,651 Travel $ 128,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 38,000 Equipment Purchases $ 32,000 Computer Charges $ 110,000 Real Estate Rentals $ 402,692 Telecommunications $ 80,000 Per Diem, Fees and Contracts $ 45,000 Books for State Library $ 110,000 Total Funds Budgeted $ 7,948,594 State Funds Budgeted $ 7,529,594

Page 1537

Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services $ 334,404,886 Departmental Operations Budget: Personal Services $ 10,057,082 Regular Operating Expenses $ 281,011 Travel $ 161,959 Motor Vehicle Purchases $ 11,000 Publications and Printing $ 69,300 Equipment Purchases $ 56,229 Computer Charges $ 10,590,816 Real Estate Rentals $ 878,035 Telecommunications $ 289,375 Per Diem, Fees and Contracts $ 14,291,140 Postage $ 83,000 Medicaid Benefits, Penalties and Disallowances $ 1,008,433,032 Payments to Counties for Mental Health $ 15,558,800 Audit Contracts $ 772,500 Total Funds Budgeted $ 1,061,533,279 State Funds Budgeted $ 334,404,886 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 739,239 $ 369,620 Program Management $ 17,746,419 $ 2,549,081 Administration $ 2,236,133 $ 314,908 Operations $ 13,183,076 $ 3,809,593 Program Integrity $ 3,636,580 $ 1,529,916 Benefits, Penalties and Disallowances $1,023,991,832 $ 325,831,768 Total $1,061,533,279 $ 334,404,886

Page 1538

Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 7,734,688 Departmental Operations Budget: Personal Services $ 6,146,353 Regular Operating Expenses $ 177,550 Travel $ 69,000 Publications and Printing $ 263,000 Equipment Purchases $ 103,300 Computer Charges $ 1,921,428 Real Estate Rentals $ 754,382 Telecommunications $ 80,300 Per Diem, Fees and Contracts $ 39,113,000 Postage $ 214,000 Health Insurance Payments $ 283,076,000 Total Funds Budgeted $ 331,918,313 Agency Assessments $ 7,734,688 Employee and Employer Contributions $ 324,131,468 Deferred Compensation $ 52,157 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,110,514 $ 0 Classification and Compensation $ 912,837 $ 0 Program Evaluation and Audit $ 730,775 $ 0 Employee Training and Development $ 1,138,511 $ 0 Health Insurance Administration $ 8,488,810 $ 0 Health Insurance Claims $ 315,320,524 $ 0 Internal Administration $ 2,006,624 $ 0 Commissioner's Office $ 1,209,718 $ 0 Undistributed $ 0 $ 0 Total $ 331,918,313 $ 0

Page 1539

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 66,823,174 Operations Budget: Personal Services $ 48,189,448 Regular Operating Expenses $ 8,759,070 Travel $ 492,000 Motor Vehicle Purchases $ 1,516,658 Publications and Printing $ 550,000 Equipment Purchases $ 1,913,503 Computer Charges $ 478,620 Real Estate Rentals $ 1,685,280 Telecommunications $ 905,992 Per Diem, Fees and Contracts $ 1,333,789 Postage $ 333,886 Land and Water Conservation Grants $ 2,000,000 Recreation Grants $ 400,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 300,000 Contract with U. S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Repairs and Maintenance $ 1,826,438 Capital Outlay - Shop Stock - Parks $ 300,000 Capital Outlay-Heritage Trust $ 211,500 Authority Lease Rentals $ 1,106,000 Cost of Material for Resale $ 1,400,000 Payments to Lake Lanier Islands Development Authority $ 500,575 Contract - Special Olympics, Inc. $ 206,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 450,000 Capital Outlay - User Fee Enhancements - Parks $ 1,535,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 250,000 Technical Assistance Contract $ 125,000 Capital Outlay $ 118,250 Contract - Georgia Rural Water Association $ 10,000 Grant - The Hay House $ 0 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 149,405 Advertising and Promotion $ 100,000 Payments to Georgia Agricultural Exposition Authority $ 526,700 Historic Preservation Grant $ 150,000 Environmental Facilities Grant $ 8,000,000 Non-Game Wildlife Habitat Fund $150,000 Georgia Boxing Commission $ 7,000 Lanier Regional Committee $ 38,000 Paving at State Parks and Historic Sites $ 500,000 Total Funds Budgeted $ 86,713,114 Receipts from Jekyll Island State Park Authority $ 53,750 Receipts from Stone Mountain Memorial Association $ 315,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 66,823,174

Page 1540

Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 5,773,675 $ 5,404,925 Game and Fish $ 24,273,676 $ 20,984,061 Parks, Recreation and Historic Sites $ 29,556,358 $ 16,981,867 Environmental Protection $ 25,609,471 $ 22,031,387 Coastal Resources $ 1,499,934 $ 1,420,934 Total $ 86,713,114 $ 66,823,174

Page 1541

B. Budget Unit: Authorities $ 0 Operations Budget: Personal Services $ 2,704,775 Regular Operating Expenses $ 1,890,500 Travel $ 26,500 Motor Vehicle Purchases $ 69,500 Publications and Printing $ 64,150 Equipment $ 84,400 Computer Charges $ 22,000 Real Estate Rentals $ 17,000 Telecommunications $ 66,200 Per Diem, Fees and Contracts $ 84,600 Capital Outlay $ 0 Boat Replacement Expense $ 178,350 Total Funds Budgeted $ 5,207,975 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Lake Lanier Islands Development Authority $ 4,681,275 $ 0 Georgia Agricultural Exposition Authority $ 526,700 $ 0 Total $ 5,207,975 $ 0 Section 33. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education $ 97,426,975 Board of Postsecondary Vocational Education Budget: Personal Services $ 2,146,044 Regular Operating Expenses $ 158,000 Travel $ 57,000 Motor Vehicle Purchases $ 9,000 Publications and Printing $ 40,000 Equipment Purchases $ 10,000 Computer Charges $ 254,000 Real Estate Rentals $ 275,000 Telecommunications $ 46,000 Per Diem, Fees and Contracts $ 897,500 Utilities $ 15,000 Personal Services-Institutions $ 30,370,877 Operating Expenses-Institutions $ 8,928,665 Capital Outlay $ 3,000,000 Quick Start Program $ 3,700,000 Area School Program $ 47,960,595 Junior College Program $ 2,668,835 Teachers' Retirement $ 6,828,000 Teachers' Health Insurance $ 2,465,459 Total Funds Budgeted $ 109,829,975 State Funds Budgeted $ 97,426,975

Page 1542

Institutions Functional Budgets Total Funds State Funds Administration $ 4,044,828 $ 2,915,828 Institutional Programs $ 105,785,147 $ 94,511,147 Total $ 109,829,975 $ 97,426,975 Section 34. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 68,036,758 Operations Budget: Personal Services $ 50,414,735 Regular Operating Expenses $ 6,624,160 Travel $ 137,500 Motor Vehicle Purchases $ 3,069,000 Publications and Printing $ 630,000 Equipment Purchases $ 1,185,806 Computer Charges $ 3,474,000 Real Estate Rentals $ 13,000 Telecommunications $ 1,141,010 Per Diem, Fees and Contracts $ 168,470 Postage $ 1,095,375 Conviction Reports $ 225,000 State Patrol Posts Repairs and Maintenance $ 200,000 Capital Outlay $ 359,502 Driver License Processing $ 949,200 Total Funds Budgeted $ 69,686,758 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 68,036,758

Page 1543

Public Safety Functional Budgets Total Funds State Funds Administration $ 8,883,138 $ 8,883,138 Driver Services $ 15,261,890 $ 13,761,890 Field Operations $ 45,541,730 $ 45,391,730 Total $ 69,686,758 $ 68,036,758 B. Budget Unit: Units Attached for Administrative Purposes Only $ 11,195,395 Attached Units Budget: Personal Services $ 5,090,596 Regular Operating Expenses $ 2,001,600 Travel $ 150,000 Motor Vehicle Purchases $ 131,600 Publications and Printing $ 65,000 Equipment Purchases $ 85,438 Computer Charges $ 379,806 Real Estate Rentals $ 163,722 Telecommunications $ 158,500 Per Diem, Fees and Contracts $ 1,188,004 Postage $ 30,000 Peace Officers Training Grants $ 2,440,977 Highway Safety Grants $ 3,500,000 Capital Outlay $ 0 Total Funds Budgeted $ 15,385,243 State Funds Budgeted $ 11,195,395

Page 1544

Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,004,995 $ 252,497 Georgia Peace Officers Standards and Training $ 4,005,630 $ 4,005,630 Police Academy $ 1,079,737 $ 1,029,737 Fire Academy $ 931,230 $ 844,230 Georgia Firefighters Standards and Training Council $ 415,803 $ 415,803 Organized Crime Prevention Council $ 309,885 $ 309,885 Georgia Public Safety Training Facility $ 4,637,963 $ 4,337,613 Total $ 15,385,243 $ 11,195,395 Section 35. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 13,541,000 Departmental Operations Budget: Payments to Employees' Retirement System $ 211,000 Employer Contributions $ 13,330,000 Total Funds Budgeted $ 13,541,000 State Funds Budgeted $ 13,541,000 Section 36. Public Service Commission. Budget Unit: Public Service Commission $ 7,232,781 Departmental Operations Budget: Personal Services $ 5,518,888 Regular Operating Expenses $ 405,967 Travel $ 202,459 Motor Vehicle Purchases $ 235,200 Publications and Printing $ 33,500 Equipment Purchases $ 105,919 Computer Charges $ 258,125 Real Estate Rentals $ 296,220 Telecommunications $ 123,000 Per Diem, Fees and Contracts $ 1,250,000 Total Funds Budgeted $ 8,429,278 State Funds Budgeted $ 7,232,781

Page 1545

Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,321,050 $ 1,321,050 Transportation $ 3,199,522 $ 2,113,167 Utilities $ 3,908,706 $ 3,798,564 Total $ 8,429,278 $ 7,232,781 Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 633,957,082 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 659,941,020 Sponsored Operations $ 90,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 181,694,971 Sponsored Operations $ 105,000,000 Office of Minority Business Enterprise $ 321,481 Special Desegregation Programs $ 356,959 Authority Lease Rentals $ 14,044,793 Research Consortium $ 500,000 Eminent Scholars Program $ 250,000 Capital Outlay $ 630,000 Total Funds Budgeted $ 1,052,739,224 Departmental Income $ 22,000,000 Sponsored Income $ 195,000,000 Other Funds $ 198,754,842 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 633,957,082 B. Budget Unit: Regents Central Office and Other Organized Activities $ 135,191,421 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 170,571,806 Sponsored Operations $ 54,640,269 Operating Expenses: Educ., Gen., and Dept. Svcs $ 74,373,975 Sponsored Operations $ 21,336,281 Fire Ant and Environmental Toxicology Research $ 265,251 Agricultural Research $ 1,635,164 Advanced Technology Development Center $ 1,188,859 Capitation Contracts for Family Practice Residency $ 2,612,750 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 654,239 SREB Payments $ 11,966,100 Medical Scholarships $ 697,748 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 619,618 Total Funds Budgeted $ 343,901,790 Departmental Income $ 0 Sponsored Income $ 75,976,550 Other Funds $ 132,178,119 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 135,191,421

Page 1547

Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,837,107 $ 1,125,683 Skidaway Institute of Oceanography $ 2,814,535 $ 1,427,904 Marine Institute $ 1,386,330 $ 815,631 Georgia Tech Research Institute $ 87,520,751 $ 11,108,989 Engineering Extension Division $ 5,269,765 $ 1,770,774 Agricultural Experiment Station $ 46,690,101 $ 31,057,468 Cooperative Extension Service $ 44,745,980 $ 29,819,180 Eugene Talmadge Memorial Hospital $ 120,565,675 $ 30,415,912 Veterinary Medicine Experiment Station $ 2,735,358 $ 2,735,358 Veterinary Medicine Teaching Hospital $ 2,237,849 $ 435,262 Joint Board of Family Practice $ 5,505,945 $ 5,505,945 Georgia Radiation Therapy Center $ 1,537,429 $ 0 Athens and Tifton Veterinary Laboratories $ 2,115,755 $ 34,105 Regents Central Office $ 18,939,210 $ 18,939,210 Undistributed $ 0 $ 0 Total $ 343,901,790 $ 135,191,421

Page 1548

C. Budget Unit: Georgia Public Telecommunications Commission $ 7,361,109 Public Telecommunications Commission Budget: Personal Services $ 4,844,948 Operating Expenses $ 6,333,500 Total Funds Budgeted $ 11,178,448 Other Funds $ 3,817,339 State Funds Budgeted $ 7,361,109 Section 38. Department of Revenue. Budget Unit: Department of Revenue $ 63,626,577 Operations Budget: Personal Services $ 39,975,132 Regular Operating Expenses $ 1,322,078 Travel $ 1,370,925 Motor Vehicle Purchases $ 263,000 Publications and Printing $ 2,429,155 Equipment Purchases $ 382,500 Computer Charges $ 7,314,575 Real Estate Rentals $ 2,614,453 Telecommunications $ 589,759 Per Diem, Fees and Contracts $ 215,000 County Tax Officials/Retirement and FICA $ 1,645,000 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 5,570,000 Postage $ 2,350,000 Total Funds Budgeted $ 67,471,577 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 63,626,577 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 3,677,732 $ 3,677,732 Internal Administration $ 8,792,085 $ 8,792,085 Electronic Data Processing $ 6,767,095 $ 3,012,095 Field Services $ 13,583,191 $ 13,493,191 Income Tax Unit $ 5,946,176 $ 5,946,176 Motor Vehicle Unit $ 15,422,080 $ 15,422,080 Central Audit Unit $ 5,645,563 $ 5,645,563 Property Tax Unit $ 3,878,332 $ 3,878,332 Sales Tax Unit $ 3,759,323 $ 3,759,323 Total $ 67,471,577 $ 63,626,577

Page 1549

Section 39. Secretary of State. Budget Unit: Secretary of State $ 19,310,019 Personal Services $ 12,488,214 Regular Operating Expenses $ 1,694,401 Travel $ 226,000 Motor Vehicle Purchases $ 109,900 Publications and Printing $ 418,200 Equipment Purchases $ 134,600 Computer Charges $ 394,300 Real Estate Rentals $ 2,136,570 Telecommunications $ 260,300 Per Diem, Fees and Contracts $ 583,034 Election Expenses $ 500,000 Postage $ 364,500 Total Funds Budgeted $ 19,310,019 State Funds Budgeted $ 19,310,019 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 2,855,528 $ 2,855,528 Archives and Records $ 4,420,850 $ 4,420,850 Corporations Regulation $ 1,762,050 $ 1,762,050 Elections and Campaign Disclosure $ 1,100,963 $ 1,100,963 Securities Regulation $ 1,383,452 $ 1,383,452 Drugs and Narcotics $ 837,435 $ 837,435 State Ethics Commission $ 184,940 $ 184,940 Occupational Certification $ 6,764,801 $ 6,764,801 Total $ 19,310,019 $ 19,310,019

Page 1550

Occupational Certification Functional Budgets Board Costs Cost of Operations S.B. of Accountancy $ 194,741 $ 381,961 S.B. of Architects $ 74,377 $ 153,281 S.B. of Athletic Trainers $ 635 $ 3,384 Georgia Auctioneers Commission $ 6,597 $ 36,196 S.B. of Barbers $ 11,356 $ 134,596 G.B. of Chiropractic Examiners $ 16,883 $ 94,398 State Construction Industry Licensing Board $ 77,130 $ 421,929 S.B. of Cosmetology $ 42,156 $ 728,294 G.B. of Dentistry $ 51,250 $ 236,905 G.B. of Examiners of Licensed Dieticians $ 13,539 $ 25,267 S.B. of Professional Engineers and Land Surveyors $ 55,747 $ 292,847 S.B. of Registration for Foresters $ 3,595 $ 32,108 S.B. of Funeral Services $ 21,462 $ 166,787 S.B. of Registration for Professional Geologists $ 3,688 $ 18,907 S.B. of Hearing Aid Dealers and Dispensers $ 6,551 $ 19,792 G.B. of Landscape Architects $ 21,374 $ 34,635 S.B. for the Certification of Librarians $ 2,872 $ 15,261 Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists $ 30,958 $ 98,743 Composite S.B. of Medical Examiners $ 147,223 $ 1,141,058 S.B. of Nursing Home Administrators $ 11,942 $ 42,282 G.B. of Nursing $ 71,044 $ 778,712 S.B. of Dispensing Opticians $ 8,497 $ 31,977 S.B. of Examiners in Optometry $ 16,571 $ 56,620 S.B. of Occupational Therapy $ 8,256 $ 16,916 S.B. of Pharmacy $ 79,556 $ 450,269 S.B. of Physical Therapy $ 12,265 $ 46,350 S.B. of Podiatry Examiners $ 6,649 $ 25,801 S.B. of Polygraph Examiners $ 6,632 $ 41,656 G.B. of Examiners of Licensed Practical Nurses $ 48,634 $ 442,775 G.B. of Private Detective and Security Agencies $ 12,622 $ 333,196 S.B. of Examiners of Psychologists $ 14,461 $ 70,864 S.B. of Recreation Examiners $ 5,488 $ 21,953 S.B. of Examiners for Speech Pathology and Audiology $ 6,501 $ 30,511 S.B. of Registration for Used Car Dealers $ 14,003 $ 174,370 S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers $ 8,564 $ 37,833 S.B. of Veterinary Medicine $ 41,874 $ 109,437 S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis $ 7,385 $ 133,695 Undistributed $ 0 $ 0 Total $ 1,163,078 $ 6,881,566

Page 1553

B. Budget Unit: Real Estate Commission $ 1,426,312 Real Estate Commission Budget: Personal Services $ 776,412 Regular Operating Expenses $ 112,900 Travel $ 12,000 Motor Vehicle Purchases $ 22,500 Publications and Printing $ 26,000 Equipment Purchases $ 9,200 Computer Charges $ 300,200 Real Estate Rentals $ 53,800 Telecommunications $ 13,800 Per Diem, Fees and Contracts $ 99,500 Total Funds Budgeted $ 1,426,312 State Funds Budgeted $ 1,426,312 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,426,312 $ 1,466,812 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission $ 18,650,542 Administration Budget: Personal Services $ 3,456,101 Regular Operating Expenses $ 215,090 Travel $ 58,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 112,000 Equipment Purchases $ 21,300 Computer Charges $ 309,540 Telecommunications $ 122,600 Per Diem, Fees and Contracts $ 18,000 Payment of Interest and Fees $ 382,500 Guaranteed Educational Loans $ 3,650,000 Tuition Equalization Grants $ 12,002,000 Student Incentive Grants $ 4,933,500 Law Enforcement Personnel Dependents' Grants $ 36,000 North Georgia College ROTC Grants $ 116,000 Osteopathic Medical Loans $ 240,000 Georgia Military Scholarship Grants $ 252,000 Total Funds Budgeted $ 25,924,631 State Funds Budgeted $ 18,650,542

Page 1554

Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 4,312,631 $ 0 Higher Education Assistance Corporation $ 382,500 $ 275,000 Georgia Student Finance Authority $ 21,229,500 $ 18,375,542 Total $ 25,924,631 $ 18,650,542 Section 41. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 1,371,017 Soil and Water Conservation Budget: Personal Services $ 690,582 Regular Operating Expenses $ 99,000 Travel $ 49,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 8,000 Computer Charges $ 3,000 Real Estate Rentals $ 35,039 Telecommunications $ 16,000 Per Diem, Fees and Contracts $ 126,000 County Conservation Grants $ 322,396 Total Funds Budgeted $ 1,371,017 State Funds Budgeted $ 1,371,017

Page 1555

Section 42. Teacher's Retirement System. Budget Unit: Teachers' Retirement System $ 3,300,000 Departmental Operations Budget: Personal Services $ 2,441,102 Regular Operating Expenses $ 70,000 Travel $ 25,000 Publications and Printing $ 55,000 Equipment Purchases $ 9,000 Computer Charges $ 791,800 Real Estate Rentals $ 288,500 Telecommunications $ 85,000 Per Diem, Fees and Contracts $ 262,900 Postage $ 88,000 Cost-of-Living Increases for Local Retirement System Members $ 2,200,000 Floor Fund for Local Retirement Systems $ 1,100,000 Total Funds Budgeted $ 7,416,302 State Funds Budgeted $ 3,300,000 Section 43. Department of Transportation. Budget Unit: Department of Transportation $ 433,992,990 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 198,278,521 Regular Operating Expenses $ 48,328,975 Travel $ 1,716,271 Motor Vehicle Purchases $ 1,016,000 Publications and Printing $ 470,084 Equipment Purchases $ 3,289,301 Computer Charges $ 2,085,232 Real Estate Rentals $ 1,289,059 Telecommunications $ 1,955,802 Per Diem, Fees and Contracts $ 9,050,600 Capital Outlay $ 427,507,872 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,355,000 Capital Outlay - Airport Development $ 1,370,000 Mass Transit Grants $ 9,654,629 Savannah Harbor Maintenance Payments $ 799,250 G.O. Debt Sinking Fund $ 30,000,000 Total Funds Budgeted $ 756,800,609 State Funds Budgeted $ 433,992,990

Page 1556

Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 480,618,219 $ 195,922,320 Maintenance and Betterments $ 213,453,036 $ 195,023,328 Facilities and Equipment $ 4,317,032 $ 3,641,032 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 18,471,307 $ 18,096,307 Undistributed $ 0 $ 0 Total $ 726,176,607 $ 422,000,000 General Funds Budget Total Funds State Funds Grants to Municipalities $ 9,317,000 $ 317,000 Paving at State and Local Schools and State Institutions $ 900,000 $ 900,000 Paving at State Parks and Historic Sites $ 106,000 $ 106,000 Air Transportation $ 2,143,544 $ 1,663,544 Inter-Modal Transfer Facilities $ 14,358,208 $ 5,207,196 Harbor Maintenance Activities $ 3,799,250 $ 3,799,250 Savannah Harbor Widening $ 0 $ 0 Total $ 30,624,002 $ 11,992,990

Page 1557

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 16,887,176 Departmental Operations Budget: Personal Services $ 4,212,979 Regular Operating Expenses $ 49,571 Travel $ 82,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 21,000 Equipment Purchases $ 117,000 Computer Charges $ 2,402 Real Estate Rentals $ 212,113 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 11,000 Capital Outlay $ 0 Postage $ 33,000 Operating Expense/Payments to Central State Hospital $ 9,877,806 Operating Expense/Payments to Medical College of Georgia $ 5,226,155 Regular Operating Expenses for Projects and Insurance $ 180,000 Total Funds Budgeted $ 20,083,026 State Funds Budgeted $ 16,887,176

Page 1558

Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,700,065 $ 4,468,940 Veterans Home and Nursing Facility - Milledgeville $ 10,063,806 $ 8,215,081 Veterans Nursing Home - Augusta $ 5,319,155 $ 4,203,155 Total $ 20,083,026 $ 16,887,176 Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 6,769,856 Operations Budget: Personal Services $ 5,408,404 Regular Operating Expenses $ 113,231 Travel $ 61,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 63,000 Equipment Purchases $ 40,230 Computer Charges $ 267,991 Real Estate Rentals $ 523,000 Telecommunications $ 90,500 Per Diem, Fees and Contracts $ 157,500 Postage $ 84,500 Total Funds Budgeted $ 6,809,856 State Funds Budgeted $ 6,769,856 Workers' Compensation Functional Budgets Total Funds State Funds Administration $ 6,200,985 $ 6,160,985 Vocational Rehabilitation $ 608,871 $ 608,871 Total $ 6,809,856 $ 6,769,856

Page 1559

Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 216,438,553 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 40,856,700 Section 47. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. Section 48. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court. Section 49. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6,

Page 1560

the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College. Section 50. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4. Section 51. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 52. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council. Section 53. Provisions Relative to Section 19, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,371.00. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Page 1561

From the Appropriations in Section 19 (State Board of Education, Department of Education) relative to personal services, the Department is authorized to use funds not to exceed $177,000 for upgrading positions within the Department. From the Appropriations in Section 19, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1988. From the Appropriations in Section 19, funds in the amount of up to $352,000 are set-a-side for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 54. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by eighteen one-hundredths of one percent of salaries to fund one and and one-half percent

Page 1562

cost of living increases on July 1, 1987, and January 1, 1988. Section 55. Provisions Relative to Section 25, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 71.75% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $202 $145 2 306 220 3 366 263 4 432 310 5 494 354 6 536 385 7 580 416 8 616 442 9 648 465 10 694 498 11 742 532 From the appropriation in Section 25 (Department of Human Resources) relating to the Georgia State Foster Grandparent and Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program. Central State Hospital and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $125,000 each to the Department of Corrections to provide appropriate security coverage for inmate labor at these Hospitals. Provided, that of the above appropriation relating to services for Alzheimer's clients, funding shall be distributed on a cost-per-slot basis, which shall not exceed the rates set by the Department of Medical Assistance.

Page 1563

Section 56. Provisions Relative to Section 31. Merit System of Personnel Administration. The Department is authorized to assess no more than $144.84 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1988 shall not exceed eight percent (8.00%). Section 57. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32. From the appropriation in Section 32 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 32, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. Section 58. Provisions Relative to Section 37, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases

Page 1564

without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees. Section 59. Provisions Relative to Section 33 Board of Postsecondary Education. None of the State funds appropriated in Section 33 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education. Section 60. Provisions Relative to Section 43 Department of Transportation. As authorized in the amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $82,748,573 has been repaid leaving a balance due of $139,101,427. A $50,000,000 payment shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a principal balance due of $89,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Interstate System. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.

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c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Section 61. In addition to all other appropriations for the State fiscal year ending June 30, 1988, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,964,400 for the purpose of providing operating funds for the State physical health laboratories ($125,000 Budget Unit A) and for State mental health/mental retardation institutions ($6,839,400 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds

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from this section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 62. Appropriations to the object class Authority Lease Rentals shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 63. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 64. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.

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Section 65. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 66. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 67. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 68. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including

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but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 69. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient 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. Section 70. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1987 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven 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

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report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 71. Wherever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

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Section 72. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 73. Delayed Hiring Factor by Department. Agriculture $ 10,500 Corrections A $ 738,387 Corrections B $ 403,380 GBI $ 8,690 Office of the Governor $ 2,200 DHR A $3,033,005 DHR B $5,183,000 Georgia Insurance Comm. $ 5,390 Merit System of Pers. Admin. $ 46,842 Public Safety A $ 370,000 Revenue $ 42,634 Section 74. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $111,827,692 for the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1987; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $16,800 to $17,304 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.6% to 2.7%, effective September 1, 1987; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1987; 5.) For University System employees, a 2.5% salary

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increase to be effective September 1, 1987, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1987, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4. In addition, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $1,389,926 for upgrading selected classifications as recommended by the State Merit System and $1,654,016 for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System. Section 75. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $265,000 is specifically appropriated for the purpose of financing an office and laboratory facility for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,800,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local governmental entities for water and sewage system, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,600,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Transportation near Savannah, Georgia, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,000.000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $885,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of harbor dikes and sites for deposit of spoilage from dredging by the Department of Transportation, including waters, land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,850.000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia Obligation Debt Sinking Fund, $226,000 is specifically appropriated for the purpose of financing a grade separation and grade crossing construction program of the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,484,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement

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and improvement of land, property, buildings, structures, equipment and facilities, of the Board of Regents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,500,000 is specifically appropriated for the purpose of financing a highway construction and reconstruction program of the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,237,200 is specifically appropriated for the purpose of financing a program of Developmental Highway construction of the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,834,500 is specifically appropriated for the purpose of financing a program of Developmental Highway construction of the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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$28,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,514,000 is specifically appropriated for the purpose of financing construction of facilities for the Board of Post Secondary Vocational Education, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $12,500,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of county and independent school systems throughout the State of Georgia, including land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 76. It is the intent of this General Assembly that existing sinking fund balances be utilized for Debt Service on the obligations of the Georgia Building Authority (Penal). Section 77. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1988 $ 5,782,000,000 Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 79. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1987. JURIES POPULATION OF COUNTIES IN WHICH MORE THAN 70 PERCENT OF POPULATION RESIDES ON FEDERAL PROPERTY; JURY LISTS. Code Section 15-12-40 Amended. No. 797 (House Bill No. 155). AN ACT To amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to jury lists, compilation and revision, and procedures, so as to provide that in any county in which more than 70 percent of the population of the county according to the most recent decennial census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of selecting jurors and grand jurors shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; to provide for exceptions; 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 15-12-40 of the Official Code of Georgia Annotated, relating to jury lists, compilation and revision, and procedures, is amended by adding a new subsection (c) at the end thereof to read as follows:

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(c) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government other than persons who reside on property of the United States government within such county who are registered voters according to the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials and any persons who reside on property of the United States government within such county who are not registered voters and who have requested in writing to the jury commissioners that their names be included on the list from which citizens are selected to serve as jurors and grand jurors by the jury commissioners. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1987. JUVENILE JUSTICE COORDINATING COUNCIL CREATION; COMMUNITY-BASED SERVICES; STATE FUNDING; COUNTY ASSESSMENT OF YOUTH NEEDS. Code Sections 49-5-130 through 49-5-155 Enacted. No. 798 (Senate Bill No. 162). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Juvenile Justice Coordinating Council

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and provide for its membership; to provide for an executive director and other staff; to provide for the duties of the council with respect to carrying out delinquency prevention and community services programs, securing cooperation and coordination in the administration of the juvenile justice system, administering federal assistance funds, and other matters; to provide for assignment of the council to the Office of Planning and Budget for administrative purposes; to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent; to provide for a formula for state funding for community-based services; to authorize the purchase of care or services from programs meeting state standards; to provide for annual reports on the progress of community-based programs; to provide for county assessment of youth needs; to provide for construction and interpretation of certain provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 Part 1 49-5-130. (a) The General Assembly declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies. The intent of this article is to provide for the effective coordination of the state's juvenile justice system and in particular to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility. Additionally, it is the intent of this article to provide noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and the community.

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49-5-131. As used in this article, the term: (1) `Council' means the Juvenile Justice Coordinating Council created pursuant to Code Section 49-5-132. (2) `Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a `designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-37. (3) `Director' means the executive director of the Juvenile Justice Coordinating Council. 49-5-132. (a) There is created the Juvenile Justice Coordinating Council which shall consist of 20 members as follows: (1) The chairman of the Council of Juvenile Court Judges, the Chief Justice of the Supreme Court of Georgia, the chairman of the Prosecuting Attorneys' Council, and the director of the Division of Youth Services shall be members of the council, as full voting members of the council by reason of their office; (2) One member shall be appointed by the Lieutenant Governor, one member shall be appointed by the Speaker of the House, and two members shall be appointed by the Chief Justice of the Supreme Court of Georgia; and the term of each of these members shall be fixed by the officer making the appointment; and (3) Twelve members shall be appointed by the Governor for terms of four years, with their initial appointments, however, being four for four-year terms, four for three-year terms, and four for two-year terms. These appointments shall be made so that there are always on the council the following persons: representatives from the law enforcement community, local elected officials, three individuals under the jurisdiction of the juvenile justice system, and individuals from private business and advocacy organizations who have an interest in juvenile delinquency, its prevention, and community-based alternatives, selected to provide a balanced perspective.

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(b) All appointments to the council shall become effective on October 1, 1987. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the council. (d) Members of the council shall serve without compensation, except that each member who is not a state officer or state employee shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. (e) The council shall elect its own officers and make such bylaws for its operation as may be necessary or appropriate. 49-5-133. (a) There shall be an executive director of the Juvenile Justice Coordinating Council who shall be appointed by and serve at the pleasure of the council. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities. (c) The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article. 49-5-134. (a) The council is vested with the following functions and authority: (1) To carry out the delinquency prevention and community-based service programs provided for in Part 2 of this article;

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(2) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (3) To prepare, publish, and disseminate fundamental juvenile justice information of a descriptive and analytical nature to all components of the juvenile justice system of this state; (4) To serve as a state-wide clearinghouse for juvenile justice information and research; (5) In coordination and cooperation with all components of the juvenile justice system of this state, to develop juvenile justice legislative proposals and executive policy proposals reflective of the priorities of the entire juvenile justice system of this state; (6) To serve in an advisory capacity to the Governor on issues impacting the juvenile justice system of this state; (7) To coordinate high visibility juvenile justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines; (8) To provide for the interaction, communication, and coordination of all components of the juvenile justice system of the state and to provide assistance in establishing state-wide goals and standards in the system; (9) To administer federal assistance funds under the Juvenile Justice and Delinquency Prevention Act; and (10) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. (b) Notwithstanding any provision in this article to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the

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Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level. 49-5-135. (a) The council shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Justice Coordinating Council. (b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' and a separate appropriation shall be provided for the council in the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article. Part 2 49-5-150. The policy and intent of the General Assembly in delinquency prevention and community-based services can be summarized as follows: (1) Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local government, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program

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information, and assistance to local leadership in appropriate planning; (2) When a child is adjudicated to be within the jurisdiction of the juvenile court, such child should be carefully evaluated through the available community-level resources including mental health services, social services, public health and other available medical services, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs; (3) It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child; (4) The General Assembly finds that state and local government should be responsive to the need for community-based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community-based programs, both residential and nonresidential; (5) It is the intent of the General Assembly that the council develop a funding mechanism that will provide state support for programs that meet the standards developed under the provisions of this part. 49-5-151. (a) It shall be the duty of the council to arrange for the implementation of this part as follows: (1) To assist local governments and private service agencies in the development of community-based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding;

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(2) To approve yearly program evaluations and to make recommendations to the General Assembly concerning continuation funding that might be supported by that evaluation; (3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be developed for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating standards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council; (4) To develop a formula for funding on a matching basis community-based services as provided for in this part. This formula shall be based upon a county's or counties' relative ability to fund community-based programs for juveniles. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council; (5) To provide yearly program evaluation of the effectiveness of delinquency prevention programs and community-based services developed or supported under provisions of this part; (6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency prevention programs and community-based services for youth, including but not limited to the following: (A) Study local youth needs; (B) Gather data on children within the jurisdiction of the juvenile court;

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(C) Evaluate resources for providing services or care to these children; (D) Provide information about various program models which might be appropriate in relation to the needs of youth; (E) Help in planning for evaluation; and (F) Provide such other assistance as may be appropriate; (7) To encourage the development of delinquency prevention programs and community-based services by private groups so that: (A) Such programs can be responsive to local needs; (B) Local leadership and private groups can be responsible for their programs; (C) Programs which meet state standards can be assisted by state and federal funding; and (D) Available private funds can be appropriately utilized along with available state and federal funds; (8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and (9) To provide for the development of delinquency prevention programs and community-based services under public auspices where there is no local private leadership. 49-5-152. The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency prevention programs or community-based services, provided the

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program meets the state standards as authorized by Code Section 49-5-151. 49-5-153. The council shall prepare an annual report on the progress of the community-based programs of this state which shall include the most current institutional populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children. 49-5-154. The governing authority of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delinquency prevention programs and community-based services, residential or nonresidential, which would provide an alternative to commitment to a state detention facility. The governing authority of the county may delegate the responsibility for the study to any appropriate board or department of county government or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting such study on a regional basis, utilizing appropriate public or private resources. The governing authority of the county may request technical assistance from the council in conducting such study. Each participating county shall develop a study plan for submission to the council by July 1, 1988. Each participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the council. 49-5-155. (a) This article shall in no way preempt, duplicate, or supersede services, duties, or other functions performed pursuant to law or regulations by the Division of Youth Services of the Department of Human Resources. (b) Other than the Division of Youth Services of the Department of Human Resources, the Juvenile Justice Coordinating Council created pursuant to Code Section 49-5-132 shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1987. BANKING AND FINANCE NOTICES; REGISTRATION OF FOREIGN FINANCIAL INSTITUTIONS; FINANCIAL SERVICES; STOCK WHICH A BANK MAY ACQUIRE; SAVINGS AND LOAN AND BUILDING AND LOAN ASSOCIATIONS; BRANCH OFFICES; INITIAL DIRECTORS; BANK HOLDING COMPANIES; CREDIT UNIONS. Code Title 7, Chapter 1 Amended. No. 799 (Senate Bill No. 220). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice; to waive further registration pursuant to other provisions of law whenever any financial institution or other corporation domiciled outside this state is required to register with the department as a prerequisite to the conduct of business in this state or for the purpose of taking title or liens against property located in this state; to provide that a financial institution may provide financial services to its customers through employment of duly licensed persons provided such financial institution or its licensed employee or agent has qualified under other laws otherwise applicable to other providers of such financial services subject to the prior approval of the department; to change the examination and investigation criteria where financial services are being performed by a person or corporation for a financial institution; to provide that the department shall not grant licenses to providers of financial services to or through financial

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institutions under certain conditions; to provide that the department shall be the responsible authority in reviewing, authorizing, or otherwise regulating the contractual relationship entered into by financial institutions for the provision of certain services; to redefine the term financial services; to expand the ownership of stock which a bank may acquire and hold for its own account; to provide that every state savings and loan or building and loan association authorized to do business in this state shall be governed by the provisions of Code Sections 7-1-601 through 7-1-604 after a certain date; to provide that any branch office or facility lawfully established by such savings and loan or building and loan associations and operating on a certain date may continue to operate after such date; to provide that persons named in the articles of incorporation of a bank or trust company and approved by the department as initial directors of the bank in formation shall not be considered salesmen or limited salesmen but rather shall be considered executive officers; to delete the requirement restricting service on a board of directors by members of the same family; to provide that a branch bank may be established through merger or other consolidation or through conversion, merger, or consolidation of a federal savings and loan association or federal savings bank under certain conditions; to provide that it shall be unlawful for a bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank, including any federal savings and loan association or federal savings bank under certain conditions; to clarify the authority of a bank holding company to acquire all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition of certain financial institutions which have been incorporated as such for a certain period of time; to clarify the authority of a company to become a bank holding company under certain conditions; to provide that such bank holding company may not acquire another bank until the expiration of a certain period of time; to define the term bank as used in Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated; to clarify the powers of the department relative to acquisitions; to expand the types of investments in which the department may authorize a credit union to invest; to authorize a credit union to invest up to 15 percent of its equity capital in authorized investments issued by a single obligor under certain conditions; to provide that properties other than real estate which have been acquired in satisfaction of debts previously contracted and

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which a credit union is not otherwise authorized to own shall be held for no longer than six months unless such period of time is extended by the department; to provide that the disposition of such property may be financed by the credit union by loans to members or nonmembers under certain conditions; 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. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-7, relating to publication of notices or advertisements, in its entirety and substituting in lieu thereof a new Code Section 7-1-7 to read as follows: 7-1-7. (a) Except as otherwise expressly provided, any notice or advertisement required by this chapter to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 9-13-142) of the county which is or is to be the location of the registered office of the financial institution. (b) The department may waive or modify any requirement to publish a notice: (1) In order to facilitate a merger, consolidation, or sale of assets pursuant to paragraph (3) of subsection (c) of Code Section 7-1-601, whether with an existing bank or a bank newly organized as a successor to a failing bank; or (2) Whenever it determines that multiple publications are required to facilitate a series of transactions without commensurate public benefit being served by the second or other further publication of substantially the same transaction as was the subject of the first publication. (c) The department may require proof of publication or modified publication having been completed prior to consummation of the underlying transaction.

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Section 2. Said chapter is further amended by adding at the end of Part 1 of Article 1 a new Code Section 7-1-11 to read as follows: 7-1-11. Whenever any financial institution or other corporation domiciled outside this state, including domestic international banking facilities, international bank agencies, international bank representative offices, and representative offices of federally and state chartered financial institutions, is required to register with the department as a prerequisite to the conduct of business in this state of for the purpose of taking title or liens against property located in this state, such registration shall be in lieu of further registration pursuant to Code Section 16-14-15 or any other provisions of law. Section 3. Said chapter is further amended by striking Code Section 7-1-72, relating to the regulation of persons performing services for financial institutions, in its entirety and substituting in lieu thereof a new Code Section 7-1-72 to read as follows: 7-1-72. (a) Notwithstanding other provisions of law and consistent with the objectives of this chapter as set forth in Code Section 7-1-3 and subject to the prior approval of the department, a financial institution may provide financial services to its customers either directly or through employment of duly licensed persons provided such financial institution or its licensed employee or agent has qualified under other laws otherwise applicable to other providers of such financial services. (b) Where financial services are being performed by a person or corporation for a financial institution, such person or corporation shall be subject to: (1) Examination and investigation by the department relative to character, reputation, and financial stability; and (2) Regulation by the department in regard to such services to the same extent as if such services were being performed by the financial institution for its own internal

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benefit or as an extension of the range of financial services products offered to customers of the financial institution. (c) In the event of conflicting statutory responsibilities, except as otherwise provided by law, the department shall not grant licenses to providers of financial services to or through financial institutions. The department shall be the responsible authority in reviewing, authorizing, or otherwise regulating, consistent with this chapter, the contractual relationship entered into by financial institutions for the provision of such services or incidental to application for further licensing. (d) For purposes of this Code section, `financial services' shall include, but is not limited to, business and consumer financial record keeping, investments, planning and advisory assistance, surety, brokerage, information, and protective services performed for a financial institution which are normally performed by the financial institution for its own benefit or provided to the customers of the financial institution incidental to its conduct of the banking business. The department may further define `financial services' to include other activities of a financial nature which it determines to be consistent with the safe and sound operation of a banking business, not otherwise in violation of this chapter, and in the public interest. Section 4 . Said chapter is further amended by striking division (c)(2)(E)(ii) of Code Section 7-1-288, relating to corporate stock and securities, in its entirety and substituting in lieu thereof a new division (ii) to read as follows: (ii) A banking institution engaged in providing banking or other financial services to such extent as is permitted by regulations of the department to dipository financial institutions located primarily within this state and whose ownership consists primarily of such depository financial institutions;. Section 5 . Said chapter is further amended by striking subsections (d) and (e) of Code Section 7-1-293, relating to savings banks and state savings and loan associations, in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows:

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(d) (1) Unless specifically exempt therein, all rules and regulations promulgated by the department and applicable to commercial banks shall be applicable to a savings bank. All such rules and regulations applicable to building and loan associations shall be applicable to a state savings and loan association. (2) The commissioner shall not approve an application of a financial institution requesting conversion to a commercial bank unless such financial institution divests itself of all branches which do not conform with the branch banking laws of this state. (3) Effective January 1, 1987, every state savings and loan or building and loan association authorized to do business in this state shall be governed by the provisions of Code Sections 7-1-601 through 7-1-604; provided, however, any branch, office, or facility lawfully established by such state savings and loan or building and loan association and operating on such effective date may continue to operate after such effective date. (e) The conversion, merger, or consolidation of a federal savings and loan association or federal savings bank shall be accomplished pursuant to the same procedures as are prescribed in this chapter for a conversion, merger, and consolidation involving a national bank. Conversion of a building and loan association into a savings bank or state savings and loan association may be made with the approval of the department and an appropriate amendment of the articles of incorporation of the association. In considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or federal savings bank or conversion of a building and loan association, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all borrowers, depositors, and shareholders. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-396, relating to effect of certificate of incorporation and permit to begin business, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

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(a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company; provided, nevertheless, that the department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares, and all persons soliciting offers to subscribe for shares in any bank in formation under this chapter even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a `bank' for those purposes. Persons named in the articles of incorporation and approved by the department as initial directors of the bank in formation shall not be considered `salesmen' or `limited salesmen' within the meaning of paragraph (15) of subsection (a) of Code Section 10-5-2 but rather shall be considered `executive officers' within the meaning of paragraph (6) of subsection (a) of Code Section 10-5-2. Section 7. Said chapter is further amended by striking subsection (b) of Code Section 7-1-480, relating to the board of directors of a bank or trust company, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Each director shall be a citizen of the United States and at least 60 percent of the directors shall: (1) Reside in Georgia; and (2) Reside in the county in which the registered office of the bank or trust company is or is proposed to be located or within 40 miles of any office thereof authorized to offer a complete banking or trust service; provided, however, the department may waive this provision with respect to special purpose banks organized pursuant to subsection (c) of Code Section 7-1-394. Section 8. Said chapter is further amended by adding a new subsection (e) at the end of Code Section 7-1-493, relating to actions against directors and officers of a bank or trust company, to read as follows: (e) Notwithstanding the foregoing, a bank or trust company may provide through an amendment to its articles of

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incorporation for the elimination or limitation of the personal liability of a director to the shareholders of the bank or trust company to the same extent as a business corporation incorporated under the provisions of Chapter 2 of Title 14, provided that such an amendment to the articles of incorporation must be adopted by the affirmative vote of two-thirds of the shareholders. Section 9. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 7-1-601, relating to branch banks, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Branch banks may be established through merger or other consolidation pursuant to the provisions of subsection (e) of Code Section 7-1-606 or through conversions, mergers, or consolidations of a federal savings and loan association or federal savings bank into a savings bank, state savings and loan, or commercial bank, pursuant to the provisions of Code Section 7-1-293 provided each place of business which is to become such a branch bank has been lawfully receiving deposits at such place of business within this state for at least 24 months;. Section 10. Said chapter is further amended by striking Code Section 7-1-608, relating to unlawful acquisition of bank holding companies, in its entirety and substituting in lieu thereof a new Code Section 7-1-608 to read as follows: 7-1-608. (a) It shall be unlawful for a bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank, including any federal savings and loan association or federal savings bank, if, after such acquisition, such bank holding company will directly or indirectly own or control 5 percent or more of the voting shares of such bank, or for any company to become a bank holding company as a result of the acquisition of control of such bank, unless: (1) The bank being acquired is either a `bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a `savings and loan,' a `state savings and loan,' a `savings bank,' or a

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`federal savings bank' whose deposits are insured by the Federal Savings and Loan Insurance Corporation; and (2) Such bank or any predecessor institution of the type described in paragraph (1) of this subsection has been in existence and continuously operating or incorporated as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition. (b) Nothing in this Code section shall prohibit: (1) A bank holding company from acquiring all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition of a federal or state chartered bank, savings and loan association, savings bank, building and loan association, or other corporation doing a banking business in this state or the trust department of such institutions, which has been in existence and continuously operating or incorporated as such an institution or exercising trust powers for the minimum period prescribed in subsection (a) of this Code section; or (2) A company from becoming a bank holding company by virtue of acquiring control of a bank if neither the company, nor any other company controlled by or controlling such company, controls any other bank domiciled in this state or elsewhere; provided, however, such resulting bank holding company may not acquire another bank until its initial banking subsidiary has been incorporated for not less than 24 months. Section 11. Said chapter is further amended by adding at the end of Part 19 of Article 2, relating to regional interstate banking, a new Code Section 7-1-626 to read as follows: 7-1-626. (a) The term `bank' as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 including federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured by

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the Federal Savings and Loan Insurance Corporation. Bank holding companies whose banking subsidiaries consist in part or entirely of building and loan associations, savings and loan associations, state savings and loan associations, or federal savings banks shall have the same but no greater rights and limitations under this part as bank holding companies whose banking subsidiaries consist solely of banks as defined in paragraph (2) of Code Section 7-1-620. (b) Nothing contained in this Code section shall authorize the establishment of a financial institution of the types set forth in subsection (a) of this Code section having branches both in this state and any other state. (c) Under no circumstances shall this Code section be construed to authorize the acquisition of institutions located in this state by any savings and loan holding company except with the prior approval of the commissioner and upon compliance with the other requirements and provisions of this part, including those provisions of this chapter incorporated herein by reference. Section 12. Said chapter is further amended by striking subparagraph (E) of paragraph (4) of Code Section 7-1-650, relating to powers of credit unions, in its entirety and substituting in lieu thereof a new subparagraph (E) to read as follows: (E) In any other types of investments authorized by the department, including commercial paper, provided such investments shall not, in the aggregate, exceed 10 percent of the shares, deposits, and surplus of the investing credit union. In lieu of the foregoing limitation, any credit union may invest up to 15 percent of its equity capital as defined by the department in authorized investments issued by any single obligor;. Section 13. Said chapter is further amended by striking paragraph (9) of Code Section 7-1-650, relating to powers of credit unions, in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows: (9) No real estate acquired in the cases provided for by subparagraphs (8)(B) and (C) of this Code section and

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no real estate which has ceased to be used as credit union premises shall be held for a longer period than five years, unless the time shall be extended by the department. Properties, other than real estate, which are acquired in satisfaction of debts previously contracted and which a credit union is not otherwise authorized to own shall be held for no longer than six months unless such time period is extended by the department. Disposition of such property may be financed by the credit union without the advance of additional funds irrespective of the purchasers' membership in the credit union and of ordinarily applicable collateral margin requirements. Section 14. Said chapter is further amended by striking the period and substituting in lieu thereof a semicolon at the end of paragraph (9) of Code Section 7-1-650, relating to powers of a credit union, and by adding a new paragraph (10) at the end thereof to read as follows: (10) It may provide through an amendment to its bylaws which shall be approved by two-thirds of its membership present and voting as otherwise provided in this part for the elimination or limitation of the personal liability of a director to the members in their capacity as shareholders of the credit union to the same extent as a bank or trust company operating under the provisions of this chapter. Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1987.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1987 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

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MUNICIPALITIES OF 400,000 OR MORE BONDED INDEBTEDNESS; ISSUANCE WITHOUT REFERENDUM. Proposed Amendment to the Constitution. No. 41 (Senate Resolution No. 99). A RESOLUTION Proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows: (c) Any other provision of this Constitution to the contrary notwithstanding, any city of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census may issue general obligation bonds for any lawful purpose, other than school purposes, without submitting the issuance thereof to the voters of said city at a referendum, subject to the following restrictions and limitations: (1) The issuance of such bonds shall be authorized at a public hearing held for such purpose after at least ten days' notice thereof has been published in the official organ of said city and in at least one newspaper of general circulation within said city; (2) Within 30 days after the public hearing, any person opposed to the issuance of such bonds without a referendum may prepare and circulate a petition for a referendum

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on the issuance of such bonds and file such petition with the city clerk. If the petition contains the signatures of at least 5 percent of the registered voters of the city, and such fact shall be determined by the city clerk, the city clerk shall notify the election superintendent of the city, and the election superintendent shall issue the call for an election to submit the question on the issuance of such bonds to the voters of the city. The election shall be held not less than 30 nor more than 45 days from the date of the call; provided, however, upon the filing of a petition for a referendum, the governing authority of the city may withdraw the proposal from further consideration and decline to issue the bonds, and in that event, no new public hearing to reconsider the same proposal for a bond issue may be had within a period of 90 days following the date on which the petition for a referendum was filed with the city clerk; (3) Not more than $8 million in aggregate principal amount of bonds issued without a referendum shall be issued in any fiscal year under the authority of this subparagraph (c); provided, however, it is specifically provided that the amount of bonds that may be issued under the authority of this subparagraph (c) is in addition to the amount of bonds which may be issued without a referendum under any authority previously possessed by the city; and (4) The aggregate of all outstanding bonds, including those issued by a vote of the people in a referendum and those issued without a referendum, shall not exceed the debt limitation applicable to said city. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 14, 1987.

Page I

APPELLATE COURTS SUPREME COURT OF GEORGIA As of February 2, 1987 THOMAS O. MARSHALL Chief Justice HAROLD G. CLARKE Presiding Justice GEORGE T. SMITH Justice HARDY GREGORY, JR. Justice CHARLES L. WELTNER Justice RICHARD BELL Justice WILLIS HUNT, JR. Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALLFORD Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. FOSTER Assistant Reporter COURT OF APPEALS OF GEORGIA As of February 2, 1987 A.W. BIRDSONG, JR. Chief Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge HAROLD R. BANKE Presiding Judge BRASWELL D. DEEN, JR. Presiding Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ROBERT BENHAM Judge DOROTHY TOTH BEASLEY Judge VICTORIA McLAUGHLIN Clerk GAIL ARCENEAUX Special Deputy Clerk NADINE WALKER Special Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. FOSTER Assistant Reporter SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of February 2, 1987 ALAPAHA CIRCUIT HONS. W.D. KNIGHT, Chief Judge, Berrien County Courthouse BROOKS E. BLITCH, Judge, Clinch County Courthouse LEW S. BARROW, D.A., Berrien County Courthouse AtkinsonFirst Monday in April and October BerrienFirst Monday in February and August ClinchThird Monday in March and September CookSecond Monday in January and July LanierFourth Monday in April and October

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ALCOVY CIRCUIT HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse GREELEY ELLIS, Judge, Newton County Courthouse JOHN M. OTT, D.A., Newton County Courthouse NewtonSecond and third Mondays in January, April, July and October WaltonFirst and second Monday in February, May, August and November APPALACHIAN CIRCUIT HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse ROGER GLENN QUEEN, D.A., Gilmer County Courthouse FanninSecond Monday in May and November GilmerSecond Monday in April and October PickensSecond Monday in March and September ATLANTA CIRCUIT HONS. JOEL L. FRYER, Chief Judge, Fulton County Courthouse JOHN S. LANGFORD, Judge, Fulton County Courthouse LUTHER ALVERSON, Judge, Fulton County Courthouse OSGOOD O. WILLIAMS, Judge, Fulton County Courthouse RALPH H. HICKS, Judge, Fulton County Courthouse FRANK M. ELDRIDGE, Judge, Fulton County Courthouse WILLIAM W. DANIEL, Judge, Fulton County Courthouse ISAAC JENRETTE, Judge, Fulton County Courthouse CLARENCE COOPER, Judge, Fulton County Courthouse PHILIP F. ETHERIDGE, Judge, Fulton County Courthouse DON A. LANGHAM, Judge, Fulton County Courthouse WILLIAM H. ALEXANDER, Judge, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse FultonFirst Monday in January, March, May, July, September and November ATLANTIC CIRCUIT HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse JAMES EMORY FINDLEY, Judge, Tattnall County Courthouse DAVID L. CAVENDER, Judge, Liberty County Courthouse DUPONT KIRK CHENEY, D.A., Liberty County Courthouse BryanThird Monday in March; first Monday in November EvansFirst Monday in February and August LibertyThird Monday in February and September LongFirst Monday in March; third Monday in August McIntoshFourth Monday in February and May; second Monday in September; first Monday in December TattnallThird Monday in April and October AUGUSTA CIRCUIT HONS. WILLIAM M. FLEMING, JR., Chief Judge, Richmond County Courthouse FRANKLIN H. PIERCE, Judge, Richmond County Courthouse ALBERT McELVEEN PICKETT, Judge, Richmond County Courthouse BERNARD J. MULHERIN, SR., Judge, Richmond County Courthouse JOHN H. RUFFIN, JR., Judge, Richmond County Courthouse SAM SIBLEY, JR., D.A., Richmond County Courthouse BurkeSecond Monday in May and November ColumbiaFourth Monday in March and September RichmondThird Monday in January, March, May, July, September and November

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BLUE RIDGE CIRCUIT HONS. FRANK C. MILLS, III, Chief Judge, Cherokee County Courthouse RICHARD S. (STAN) GAULT, Judge, Forsyth County Courthouse RAFE BANKS, D.A., Forsyth County Courthouse CherokeeSecond Monday in January, May and September ForsythSecond Monday in March, July, and November BRUNSWICK CIRCUIT HONS. GORDON KNOX, JR., Chief Judge, Jeff Davis County Courthouse WILLIAM R. KILLIAN, Judge, Glynn County Courthouse A. BLENN TAYLOR, JR., Judge, Glynn County Courthouse GLENN THOMAS, JR., D.A., Wayne County Courthouse ApplingSecond and third Monday in February; third and fourth Monday in October CamdenFirst Monday in April and November GlynnSecond Monday in January, May and September Jeff DavisFirst and second Monday in March; fourth Monday in September; first Monday in October WayneThird and fourth Monday in April and November CHATTAHOOCHEE CIRCUIT HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse E. MULLINS WHISNANT, Judge, Muscogee County Courthouse KENNETH B. FOLLOWILL, Judge, Muscogee County Courthouse MRS. RUFE E. McCOMBS, Judge, Muscogee County Courthouse WILLIAM J. (BILL) SMITH, D.A., Muscogee County Courthouse ChattahoocheeFourth Monday in March and September HarrisSecond Monday in January, May and September MarionFourth Monday in April and October MuscogeeFirst Monday in February, April, June, August, October and December TalbotSecond Monday in March and November; third Monday in August TaylorSecond Monday in February, June and October CHEROKEE CIRCUIT HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse TOM POPE, Judge, Gordon County Courthouse DARRELL E. WILSON, D.A., Bartow County Courthouse BartowFirst Monday in February and August; fourth Monday in April; Third Monday in October GordonFirst Monday in March, June and December; second Monday in September CLAYTON CIRCUIT HONS. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse WILLIAM H. BILL ISON, Judge, Clayton County Courthouse STEPHEN E. BOSWELL, Judge, Clayton County Courthouse KENNETH KILPATRICK, Judge, Clayton County Courthouse ROBERT E. KELLER, D.A., Clayton County Courthouse ClaytonFirst Monday in February, May, August and November

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COBB CIRCUIT HONS. WATSON L. WHITE, Chief Judge, Cobb County Courthouse GRANT BRANTLEY, Judge, Cobb County Courthouse DOROTHY A. ROBINSON, Judge, Cobb County Courthouse HARRIS HINES, Judge, Cobb County Courthouse GEORGE H. KREEGER, Judge, Cobb County Courthouse TOM CAUTHORN, Judge, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse CobbSecond Monday in January, March, May, July, September and November CONASAUGA CIRCUIT HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse WILLIAM T. BOYETT, Judge, Whitfield County Courthouse JACK PARTAIN, D.A., Whitfield County Courthouse MurraySecond Monday in February and August WhitfieldSecond Monday in January and July CORDELE CIRCUIT HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse JOHN C. PRIDGEN, D.A., Crisp County Courthouse Ben HillSecond and third Monday in January; first and second Monday in April; third and fourth Monday in June; and third and fourth Monday in September and Monday following. CrispThird and fourth Monday in February and Monday following; second, third, and fourth Monday in May and November; second and third Monday in August. DoolyFourth Monday in January; and Monday following the third and fourth Monday in April, July and October. WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December. COWETA CIRCUIT HONS. DEWEY SMITH, Chief Judge, Troup County Courthouse WILLIAM LEE, Judge, Coweta County Courthouse ALLEN B. KEEBLE, Judge, Carroll County Courthouse ART MALLORY, D.A., Troup County Courthouse CarrollFirst Monday in April and October CowetaFirst Monday in March; first Tuesday in September HeardThird Monday in March and September MeriwetherThird Monday in February, May, August and November TroupFirst Monday in February, May, August and November DOUGHERTY CIRCUIT HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse LORING ALBERT GRAY, Judge, Dougherty County Courthouse HOBART M. HIND, D.A., Dougherty County Courthouse DoughertySecond Monday in January, March, May, July, September and November

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DOUGLAS CIRCUIT HOSN. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse ROBERT J. BOB JAMES, Judge, Post 2, Douglas County Courthouse FRANK C. WINN, D.A., Douglas County Courthouse DouglasThird Monday in February, May, and August; first Monday in November DUBLIN CIRCUIT HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse DUBIGNION (DUB) DOUGLAS, Judge, Laurens County Courthouse BEVERLY B. HAYES, JR., D.A., Laurens County Courthouse JohnsonThird Monday in March, June, September and December LaurensFourth Monday in January, April, July and October TreutlenThird Monday in February and August TwiggsSecond Monday in January, April, July and October EASTERN CIRCUIT HONS. FRANK S. CHEATHAM JR., Chief Judge, Chatham County Courthouse EUGENE H. GADSDEN, Judge, Chatham County Courthouse PERRY BRANNEN, JR., Judge, Chatham County Courthouse JAMES HEAD, Judge, Chatham County Courthouse SPENCER LAWTON, JR., D.A., Chatham County Courthouse ChathamFirst Monday in March, June, September and December FLINT CIRCUIT HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse WILLIAM H. (HAL) CRAIG, Judge, Henry County Courthouse E. BYRON SMITH, D.A., Lamar County Courthouse ButtsFirst and second Monday in February and November; first Monday in May; third and fourth Monday in August HenrySecond, third and fourth Monday in January, April, July and October LamarFirst and second Monday in March, June and December; second and third Monday in September MonroeThird and fourth Monday in February, May and November; first and second Monday in August GRIFFIN CIRCUIT HONS. ANDREW J. WHALEN, JR., Chief Judge, Spalding County Courthouse BEN J. MILLER, Judge, Upson County Courthouse JOHNNIE L. CALDWELL, JR., D.A., Upson County Courthouse FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June and October UpsonThird Monday in March and August; first Monday in November

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GWINNETT CIRCUIT HONS. HOMER M. STARK, Chief Judge, Gwinnett County Courthouse DAWSON JACKSON, Judge, Gwinnett County Courthouse JAMES A. HENDERSON, Judge, Gwinnett County Courthouse BRYANT HUFF, Judge, Gwinnett County Courthouse TOM LAWLER, D.A., Gwinnett County Courthouse GwinnettFirst Monday in January, March, May, July and November; second Monday in September HOUSTON CIRCUIT HONS. L.A. McCONNELL, JR., Chief Judge, Houston County Courthouse GEORGE FRANCIS NUNN, JR., Judge, Houston County Courthouse THERON FINLAYSON, D.A., Houston County Courthouse HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. BO LOGGINS, Chief Judge, Chattooga County Courthouse JOE B. TUCKER, Judge, Catoosa County Courthouse JON BOLLING WOOD, Judge, Walker County Courthouse DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse CatoosaFirst Monday in March; second Monday in September ChattoogaFirst Monday in February and August DadeFirst Monday in April; second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse TOMMY DAY WILCOX, Judge, Bibb County Courthouse BRYANT CULPEPPER, Judge, Bibb County Courthouse WILLIS SPARKS, D.A., Bibb County Courthouse BibbFirst Monday in February, April, June, August, October and December CrawfordThird and fourth Monday in March and October PeachFirst and second Monday in March and August; third and fourth Monday in November MIDDLE CIRCUIT HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse RICHARD A. MALONE, D.A., Emanuel County Courthouse CandlerFirst and second Monday in February and August EmanuelSecond Monday in January, April, July and October JeffersonSecond Monday in May and November ToombsFourth Monday in February, May, August and November WashingtonFirst Monday in March, June, September and December

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MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, Chief Judge, Habersham County Courthouse ROBERT B. STRUBLE, Judge, Stephens County Courthouse MIKE CRAWFORD, D.A., Habersham County Courthouse HabershamJanuary 1 and July 1 RabunJanuary 1 and July 1 StephensJanuary 1 and July 1 TownsJanuary 1 and July 1 UnionJanuary 1 and July 1 NORTHEASTERN CIRCUIT HONS. J.D. SMITH, Presiding Judge, Hall County Courthouse RICHARD WAYNE STORY, Judge, Hall County Courthouse JOHN GIRARDEAU, Judge, Hall County Courthouse ANDY FULLER, D.A., Hall County Courthouse DawsonFirst Monday in February and August HallFirst Monday in May and November; second Monday in January, March, July and September LumpkinFourth Monday in February and August WhiteFirst Monday in April and October NORTHERN CIRCUIT HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Hart County Courthouse LINDSAY A. TISE, JR., D.A., Hart County Courthouse ElbertThird Monday in January; fourth Monday in July FranklinThird Monday in March and September HartThird Monday in February and August MadisonThird Monday in April and October OglethorpeThird Monday in May and November OCMULGEE CIRCUIT HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse HUGH P. THOMPSON, Judge, Putnam County Courthouse WILLIAM A. PRIOR, JR., Judge, Morgan County Courthouse JOE BRILEY, D.A., Jones County Courthouse BaldwinSecond Monday in January, April, July and October GreeneFourth Monday in January, April, August, and November HancockFourth Monday in March and September; second Monday in June and December JasperSecond Monday in February, May, August and November JonesFirst Monday in February and August; third Monday in April and October MorganFirst Monday in March, June, September and December PutnamThird Monday in March, June, September and December WilkinsonFirst Monday in January, April, July and October

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OCONEE CIRCUIT HONS. HUGH LAWSON, Chief Judge, Pulaski County Courthouse PHILLIP R. WEST, Judge, Dodge County Courthouse JIM WIGGINS, D.A., Dodge County Courthouse BleckleyFirst Monday in March; second Monday in July and November DodgeThird Monday in February, May, August and November MontgomeryFirst Monday in February, May, August and November PulaskiSecond and third Monday in March and September; second Monday in June and December TelfairFourth Monday in February and June; third and fourth Monday in October WheelerSecond Monday in February and October; third Monday in June OGEECHEE CIRCUIT HONS. FAYE SANDERS MARTIN, Chief Judge, Bulloch County Courthouse WILLIAM J. NEVILLE, Judge, Bulloch County Courthouse J. LANE JOHNSTON, D.A., Bulloch County Courthouse BullochFirst Monday in February, May, August and November EffinghamFirst Monday in June and December JenkinsFirst Monday in March and September ScrevenSecond Monday in January; first Monday in April, July and October PATAULA CIRCUIT HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse LOWREY S. STONE, Judge, Early County Courthouse CHARLES M. FERGUSON, D.A., Randolph County Courthouse ClayThird Monday in March and November EarlyThird Monday in January and July MillerFourth Monday in February and October QuitmanFourth Monday in March and September RandolphFirst Monday in May and November SeminoleSecond Monday in April and October TerrellFirst Monday in June and December PIEDMONT CIRCUIT HONS. JAMES L. JIM BROOKS, Judge, Jackson County Courthouse THADDEUS PENN McWHORTER, Judge, Barrow County Courthouse TIM MADISON, D.A., Barrow County Courthouse BanksFirst and second Monday in April and October BarrowFirst and second Monday in February and August; first Monday in May and November JacksonFirst and second Monday in March; second and third Monday in September ROCKDALE CIRCUIT HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse ROBERT F. MUMFORD, D.A., Rockdale County Courthouse RockdaleFirst Monday in January, April, July and October

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ROME CIRCUIT HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse JOHN A. FRAZIER, Judge, Floyd County Courthouse ROBERT G. WALTHER, Judge, Floyd County Courthouse STEVE LANIER, D.A., Floyd County Courthouse FloydSecond Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse WILLARD H. CHASON, Judge, Grady County Courthouse J. BROWN MOSELEY, D.A., Decatur County Courthouse BakerThird Monday in January and July CalhounLast Monday in May and November DecaturFirst Monday in February, May, August and November GradyThird Monday in March and September MitchellSecond Monday in January and July; third Monday in April and October SOUTHERN CIRCUIT HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse ROY MILLER LILLY, Judge, Thomas County Courthouse H. ARTHUR McLANE, Judge, Lowndes County Courthouse H. LAMAR COLE, D.A., Lowndes County Courthouse BrooksFirst Monday in April and November ColquittFirst Monday in February and August EcholsFirst Monday in February and August LowndesFirst Monday in March and the first Tuesday immediately following the first Monday in September ThomasFirst Monday in April and October SOUTHWESTERN CIRCUIT HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse THAD GIBSON, Judge, Sumter County Courthouse JOHN R. PARKS, D.A., Sumter County Courthouse LeeFourth Monday in April and October MaconSecond Monday in May and November SchleySecond Monday in February and August StewartThird Monday in March and September SumterFourth Monday in February, May and August; Monday following the fourth Thursday in November WebsterSecond Monday in January and July STONE MOUNTAIN CIRCUIT HONS. CURTIS V. TILLMAN, Chief Judge, DeKalb County Courthouse HILTON FULLER, Judge, DeKalb County Courthouse JAMES H. (JIM) WEEKS, Judge, DeKalb County Courthouse DAN COURSEY, Judge, DeKalb County Courthouse CAROL W. HUNSTEIN, Judge, DeKalb County Courthouse ROBERT JOSEPH CASTELLANI, Judge, DeKalb County Courthouse CLARENCE F. CHUCK SEELIGER, Judge, DeKalb County Courthouse JOHATHAN C. PETERS, Judge, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalbFirst Monday in January, March, May, July, September and November

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TALLAPOOSA CIRCUIT HONS. DAN P. WINN, Chief Judge, Polk County Courthouse ARTHUR W. FUDGER, Judge, Paulding County Courthouse W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse HaralsonSecond Monday in April and September; first Monday in December PauldingFirst Monday in February; third Monday in May and October PolkSecond Monday in January; fourth Monday in April and September TIFTON CIRCUIT HONS. W.J. FOREHAND, Chief Judge, Tift County Courthouse JOHN D. CROSBY, Judge, Tift County Courthouse DAVID E. PERRY, D.A., Tift County Courthouse IrwinThird and fourth Monday in February; second and third Monday in May and November TiftFirst Monday in March and September; first and second Monday in June and December TurnerSecond and third Monday in January and July; second Monday in April and October WorthFourth Monday in January, April, July and October TOOMBS CIRCUIT HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse E. PURNELL DAVIS, Judge, Warren County Courthouse DENNIS SANDERS, D.A., McDuffie County Courthouse GlascockThird Monday in February, May, August and November LincolnFourth Monday in January and July; third Monday in April and October McDuffieSecond Monday in March, June, September and December TaliaferroFourth Monday in February, May, August and November WarrenThird Monday in January; first Monday in April, July and October WilkesFirst Monday in February, May, August and November WAYCROSS CIRCUIT HONS. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse CLARENCE D. BLOUNT, Judge, Ware County Courthouse JOSEPH B. NEWTON, Judge, Ware County Courthouse DONNIE DIXON, D.A., Ware County Courthouse BaconFourth Monday in May and November BrantleyFirst Monday in February; first Tuesday in September CharltonFourth Monday in February and September CoffeeThird Monday in March and October PierceFirst Monday in May; second Monday in December WareSecond Monday in April and November WESTERN CIRCUIT HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse JOSEPH J. GAINES, Judge, Clarke County Courthouse HARRY N. GORDON, D.A., Clarke County Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Municipalities of 400,000 or more; bonded indebtedness; issuance without referendum 1598 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-3-3; amended 1482 Code Section 1-4-7; enacted 869 Code Section 2-7-155; amended 191 Code Section 2-13-16; amended 3 Code Section 3-3-7; amended 381 Code Section 3-4-3; enacted 623 Code Section 3-4-160; amended 913 Code Section 3-5-90; enacted 562 Code Section 3-6-71; enacted 562 Code Section 3-10-11; amended 3 Code Sections 4-4-80 through 4-4-84; enacted 525 Code Section 6-3-25; amended 631 Code Section 7-1-7; amended 1586 Code Section 7-1-11; amended 1586 Code Section 7-1-72; amended 1586 Code Section 7-1-237; amended 805 Code Section 7-1-288; amended 1586 Code Section 7-1-293; amended 1586 Code Section 7-1-313; amended 191 Code Section 7-1-396; amended 1586 Code Section 7-1-480; amended 1586 Code Section 7-1-493; amended 1586 Code Section 7-1-590; amended 3 Code Section 7-1-601; amended 1586 Code Section 7-1-608; amended 1586 Code Section 7-1-620; amended 251 Code Section 7-1-626; enacted 1586 Code Section 7-1-650; amended 1586 Code Section 7-1-747; amended 1059 Code Section 7-1-756; amended 1059 Code Section 7-4-2; amended 268 Code Section 7-4-12; amended 352 Code Title 7, Chapter 5; revised 268 Code Section 8-2-102; amended 1470 Code Section 8-2-103; amended 1470 Code Section 8-2-104; amended 1470 Code Section 8-2-106; amended 1470 Code Section 8-2-109.1; amended 1470 Code Section 8-3-3; amended 283 Code Section 8-3-30; amended 283 Code Section 8-3-74; amended 283 Code Section 8-3-171; amended 3 , 234 Code Section 8-3-172; amended 234

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Code Section 8-3-176; amended 234 Code Section 8-3-180; amended 234 Code Title 8, Chapter 5; enacted 891 Code Section 9-3-73; amended 887 Code Section 9-11-9.1; enacted 887 Code Section 9-11-26; amended 3 Code Section 9-11-52; amended 1057 Code Section 9-11-60; amended 564 Code Section 9-11-69; amended 816 Code Section 9-15-14; amended 397 Code Section 10-1-164.1; enacted 1464 Code Section 10-1-392; amended 794 , 1386 Code Section 10-1-393; amended 794 , 1386 Code Section 10-1-395; amended 3 Code Section 10-1-399; amended 794 Code Section 10-1-442; amended 563 Code Section 10-1-598; amended 1347 Code Section 10-1-602; amended 1347 Code Section 10-1-720; enacted 1459 Code Section 10-1-721; enacted 1459 Code Section 10-5-8; amended 191 Code Section 10-5-9; amended 191 Code Section 10-5-14; amended 3 Code Section 10-5-22; amended 439 Code Section 10-5-23; amended 984 Code Title 10, Chapter 8; repealed 325 Code Section 12-3-236.1; amended 1117 Code Section 12-3-314; amended 445 Code Section 12-3-315; amended 445 Code Section 12-8-62; amended 3 Code Section 12-8-140 through 12-8-142; enacted 810 Code Title 12, Chapter 11; enacted 922 Code Section 12-12-10; amended 964 Code Section 12-12-20; amended 3 Code Section 12-12-21; amended 3 Code Section 13-6-15; enacted 817 Code Section 14-2-40; amended 1448 Code Section 14-2-41; amended 1448 Code Section 14-2-152.1; enacted 849 Code Section 14-2-156; amended 849 Code Section 14-2-171; amended 849 Code Section 14-2-172; amended 537 Code Section 14-2-194; amended 537 Code Section 14-2-196; amended 537 Code Section 14-2-213; amended 537 Code Section 14-2-282; amended 537 Code Section 14-2-371; amended 1448 Code Section 14-3-40; amended 1448 Code Section 14-3-113.1; enacted 849 Code Section 14-3-131; amended 849 Code Section 14-3-216; amended 537 Code Section 14-3-291; amended 1448

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Code Section 14-7-2; amended 3 Code Section 14-8-15.1; enacted 1444 Code Section 14-8-28; amended 1444 Code Section 14-8-38; amended 1444 Code Section 15-1-4; amended 1156 Code Section 15-2-1.1; enacted 324 Code Section 15-3-1; amended 291 Code Title 15, Chapter 3A; enacted 291 Code Section 15-5-60; enacted 622 Code Section 15-6-2; amended 279 , 331 , 410 , 1145 Code Section 15-6-3; amended 2 , 37 , 250 , 294 , 295 , 296 Code Section 15-6-4.1; enacted 328 Code Section 15-6-8; amended 3 Code Section 15-6-30; amended 385 Code Section 15-6-32; amended 385 Code Section 15-6-77; amended 320 Code Section 15-6-77.4; enacted 1133 Code Section 15-6-88; amended 440 Code Section 15-7-24; amended 359 Code Section 15-9-4; amended 406 Code Section 15-9-13; amended 1482 Code Section 15-9-30.1; enacted 1482 Code Section 15-9-30.2; enacted 1482 Code Section 15-9-36; amended 524 Code Section 15-9-60.1; enacted 1133 Code Section 15-9-63; amended 440 Code Section 15-9-80; amended 400 Code Section 15-9-127; enacted 912 Code Section 15-10-2; amended 399 , 448 , 1032 Code Section 15-10-3; amended 398 Code Section 15-10-22; amended 430 Code Section 15-10-27; amended 484 Code Section 15-10-41; amended 1009 Code Section 15-10-47; amended 320 Code Section 15-10-60; amended 448 Code Section 15-10-61; amended 448 Code Section 15-10-62; amended 448 Code Section 15-10-63; amended 448 Code Section 15-10-63.1; amended 448 Code Section 15-10-64; amended 448 Code Section 15-10-65; amended 448 Code Section 15-10-66; amended 448 Code Section 15-10-80; amended 320 Code Section 15-10-105; amended 364 Code Section 15-10-155; amended 3 Code Section 15-10-200 through 15-10-202; enacted 1032 Code Section 15-11-5; amended 1013 Code Section 15-11-19; amended 3 Code Section 15-11-20; amended 479 Code Section 15-11-37; amended 3 , 1012 Code Section 15-11-40; amended 3 Code Sections 15-11-110 through 15-11-118; enacted 1013

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Code Section 15-12-40; amended 953 , 1575 Code Section 15-12-62; amended 953 Code Section 15-16-20; amended 440 Code Section 15-16-20.1; amended 3 Code Section 15-18-14.1; enacted 1337 Code Section 15-21-73; amended 3 Code Section 16-1-11; enacted 260 Code Section 16-5-23; amended 557 Code Section 16-5-23.1; enacted 1010 Code Section 16-5-45; amended 561 Code Section 16-5-71; enacted 443 Code Section 16-6-4; amended 617 Code Section 16-7-29; enacted 837 Code Section 16-7-43; amended 813 Code Section 16-8-61; enacted 1384 Code Section 16-9-20; amended 983 Code Section 16-9-59; enacted 1413 Code Section 16-10-3; amended 906 Code Section 16-11-34.1; enacted 614 Code Section 16-11-106; amended 624 Code Section 16-11-127; amended 358 Code Section 16-11-131; amended 476 Code Sections 16-11-150 through 16-11-152; enacted 866 Code Section 16-12-20; amended 1386 Code Section 16-12-100; amended 1164 Code Sections 16-12-170 through 16-12-173; enacted 945 Code Section 16-13-25; amended 261 Code Section 16-13-26; amended 261 Code Section 16-13-28; amended 261 Code Section 16-13-43; amended 261 Code Section 16-13-48.1; enacted 840 Code Section 16-13-71; amended 261 Code Section 17-3-1; amended 330 Code Section 17-6-11; amended 542 Code Section 17-6-31; amended 1342 Code Section 17-6-70; amended 1342 Code Section 17-6-71; amended 1342 Code Section 17-6-72; amended 1342 Code Section 17-7-53.1; enacted 529 Code Section 17-7-170; amended 841 Code Section 17-10-14; enacted 1335 Code Section 19-1-1; enacted 1065 Code Section 19-3-30; amended 409 Code Section 19-5-8; amended 565 Code Section 19-5-10; amended 565 Code Section 19-6-28; amended 186 Code Section 19-7-1; amended 619 Code Section 19-7-6; enacted 1000 Code Section 19-8-4; amended 992 Code Section 19-11-6; amended 186 Code Section 19-11-7; amended 186 Code Section 19-11-8; amended 186

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Code Section 19-11-9; amended 191 Code Section 19-11-9.1; enacted 1114 Code Sections 19-14-1 through 19-14-23; enacted 1133 Code Section 20-1-1; amended 3 Code Section 20-2-13; amended 3 Code Section 20-2-31; amended 3 Code Section 20-2-108; amended 3 Code Sections 20-2-130 through 20-2-322; revised 1169 Code Section 20-2-300; repealed 575 Code Section 20-2-311; enacted 575 Code Section 20-2-600; amended 3 Code Section 20-2-759; amended 3 Code Section 20-2-771; amended 319 Code Section 20-2-793; amended 3 Code Section 20-2-832; amended 3 Code Section 20-2-833; amended 3 Code Section 20-2-880; amended 3 Code Section 20-2-881; amended 3 Code Section 20-2-885; amended 3 Code Section 20-2-887; amended 3 Code Section 20-2-891; amended 3 Code Section 20-2-915; amended 1037 Code Section 20-2-940; amended 3 Code Section 20-2-942; amended 3 , 1018 Code Section 20-2-1074; amended 3 Code Section 20-2-2002; amended 3 Code Section 20-2-2005; amended 3 Code Section 20-3-58; amended 3 Code Section 20-3-60; amended 1020 Code Section 20-3-101; amended 1120 Code Section 20-3-102; amended 1120 Code Section 20-3-103; amended 1120 Code Section 20-3-104; amended 1120 Code Section 20-3-105; amended 1120 Code Section 20-3-106; amended 1120 Code Section 20-3-117; amended 1120 Code Section 20-3-202; amended 353 Code Section 20-3-211; amended 353 Code Section 20-3-266; amended 378 , 1119 Code Section 20-3-278; repealed 378 Code Section 20-3-374; amended 378 Code Section 20-3-422; amended 468 Code Section 20-3-423; amended 468 Code Section 20-4-100; amended 575 Code Section 21-2-5; amended 1360 Code Section 21-2-6; amended 1360 Code Section 21-2-45; amended 1360 Code Section 21-2-131; amended 1360 Code Section 21-2-132; amended 647 , 1360 Code Section 21-2-133; amended 417 , 1360 Code Section 21-2-134; amended 1360 Code Section 21-2-153; amended 647 , 1360

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Code Section 21-2-170; amended 34 Code Section 21-2-172; amended 34 , 647 Code Section 21-2-181; amended 34 Code Section 21-2-187; amended 1360 Code Section 21-2-193; amended 1360 Code Section 21-2-194; amended 1360 Code Section 21-2-211; amended 417 Code Section 21-2-212; amended 417 Code Section 21-2-228; amended 1360 Code Section 21-2-234; amended 351 Code Section 21-2-262; amended 34 Code Section 21-2-286; amended 1360 Code Section 21-2-291; amended 997 Code Section 21-2-325; amended 34 Code Section 21-2-327; amended 34 Code Section 21-2-329; amended 34 Code Section 21-2-380; amended 465 Code Section 21-2-381; amended 417 , 1360 Code Section 21-2-381.1; amended 1360 Code Section 21-2-384; amended 34 , 417 Code Section 21-2-389; amended 417 Code Section 21-2-401; amended 417 Code Section 21-2-402; amended 1360 Code Section 21-2-404; amended 34 Code Section 21-2-438; amended 417 , 1360 Code Section 21-2-440; amended 34 Code Section 21-2-450; amended 34 Code Section 21-2-452; amended 1360 Code Section 21-2-455; amended 34 Code Section 21-2-456; amended 34 Code Section 21-2-493; amended 34 Code Section 21-2-494; amended 417 Code Section 21-2-495; amended 34 Code Section 21-2-497; amended 34 Code Section 21-2-498; amended 997 Code Section 21-2-499; amended 997 Code Section 21-2-501; amended 417 Code Section 21-2-520; amended 1050 Code Section 21-2-527; amended 34 Code Section 21-2-527.1; enacted 1050 Code Section 21-3-3; amended 1360 Code Section 21-3-10; amended 1360 Code Section 21-3-50 through 21-3-53; revised 787 Code Section 21-3-60 through 21-3-64; enacted 787 Code Section 21-3-123; amended 34 Code Section 21-3-126; amended 1360 Code Section 21-3-186; amended 34 Code Section 21-3-188; amended 1360 Code Section 21-3-280; amended 465 Code Section 21-3-283; amended 34 , 417 Code Section 21-3-284; amended 417 Code Section 21-3-289; amended 417

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Code Section 21-3-311; amended 1360 Code Section 21-3-312; amended 417 Code Section 21-3-346; amended 417 , 1360 Code Section 21-3-362; amended 1360 Code Section 21-3-404; amended 417 Code Section 21-4-3; amended 896 Code Section 21-4-4; amended 34 Code Section 21-4-5; amended 34 , 896 Code Section 21-4-6; amended 896 Code Section 21-4-7; amended 34 , 896 Code Section 21-4-10; amended 896 Code Section 21-4-13; amended 896 Code Section 21-4-15; amended 34 , 896 Code Section 21-4-17.1; enacted 896 Code Section 21-4-18; amended 34 Code Section 21-5-2; amended 34 , 297 Code Section 21-5-3; amended 297 , 458 Code Section 21-5-4; amended 297 Code Section 21-5-6; amended 297 Code Section 21-5-7; amended 297 Code Section 21-5-9; amended 297 Code Section 21-5-10; enacted 297 Code Section 21-5-30; amended 297 , 458 Code Section 21-5-31; amended 1431 Code Section 21-5-32; amended 297 Code Section 21-5-33; amended 458 Code Section 21-5-34; amended 297 , 458 Code Section 21-5-36; amended 297 Code Section 21-5-50; amended 297 Code Section 21-5-51; amended 297 Code Section 21-5-52; amended 297 Code Section 21-5-53; amended 297 Code Section 24-7-9; amended 3 Code Section 24-9-23; amended 1155 Code Section 24-9-46; enacted 595 Code Section 24-10-27; amended 3 , 404 , 834 Code Section 25-2-13; amended 3 Code Section 25-2-40; enacted 989 Code Section 25-4-2; amended 373 Code Section 26-2-312; amended 908 Code Section 26-4-80; amended 1131 Code Section 26-4-83; amended 1131 Code Section 27-1-4; amended 179 Code Section 27-1-6; amended 357 Code Section 27-1-33; amended 179 Code Section 27-2-2; amended 179 Code Section 27-2-4.1; enacted 365 Code Section 27-2-19; amended 663 Code Section 27-2-22.1; enacted 469 Code Section 27-2-23; amended 179 , 469 , 663 Code Section 27-2-25.1; amended 3

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Code Section 27-2-29; enacted 536 Code Section 27-3-15; amended 3 Code Section 27-3-44; amended 530 Code Section 27-3-152; amended 3 Code Section 27-4-74.1; repealed 908 Code Section 28-4-2; amended 1046 Code Section 28-4-4; amended 360 Code Section 28-5-80; amended 3 Code Section 29-5-1; amended 814 Code Section 29-5-5.1; amended 3 Code Section 29-5-6; amended 3 Code Section 29-5-8; amended 3 Code Section 29-5-9; amended 3 Code Section 29-5-13; amended 3 , 401 Code Title 29, Chapter 8; revised 979 Code Section 30-3-2; amended 1425 Code Section 30-3-3; amended 1425 Code Section 30-3-4; amended 1425 Code Section 30-3-4.1; enacted 1425 Code Section 31-1-3.1; enacted 393 Code Section 31-3-2; amended 185 Code Section 31-3-2.1; amended 169 Code Section 31-6-70; amended 573 Code Section 31-7-14; enacted 1091 , 1494 Code Section 31-7-131; amended 656 Code Section 31-7-132; amended 1494 Code Section 31-7-194; amended 3 Code Section 31-7-197; amended 3 Code Section 31-8-37; enacted 1494 Code Section 31-11-33; amended 542 Code Section 31-31-1; amended 480 Code Section 31-32-5; amended 322 Code Section 32-2-7; enacted 390 Code Section 32-6-24; amended 414 , 1030 Code Section 32-6-26; amended 414 Code Section 32-6-28; amended 846 Code Section 33-1-14; amended 3 Code Section 33-2-1; amended 3 Code Section 33-3-21.1; amended 3 Code Section 33-3-25; amended 1047 Code Section 33-7-6; amended 3 Code Section 33-7-11; amended 3 Code Section 33-7-12; amended 3 Code Section 33-8-1; amended 3 Code Section 33-9-4; amended 911 Code Section 33-9-8; amended 870 Code Section 33-9-21; amended 870 Code Section 33-9-28.1; enacted 870 Code Section 33-9-29; amended 3 Code Section 33-9-39; amended 3 Code Section 33-9-40; amended 3 Code Section 33-9-41; enacted 870

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Code Section 33-11-39; amended 3 Code Section 33-21-1; amended 3 Code Section 33-21-2; amended 3 Code Section 33-24-6; amended 389 Code Section 33-24-27; amended 3 Code Section 33-24-44; amended 1466 Code Section 33-24-44.1; enacted 1466 Code Section 33-24-45; amended 1466 Code Section 33-24-46; amended 1466 Code Section 33-24-47; amended 1466 Code Section 33-24-52; enacted 1054 Code Section 33-27-1; amended 1333 , 1486 Code Section 33-29-18; amended 1486 Code Section 33-30-1; amended 1486 Code Section 33-34-2; amended 1116 Code Section 33-34-3; amended 542 Code Section 33-34-4; amended 1433 Code Section 33-34-9; amended 1433 Code Section 33-34-10; amended 542 Code Section 33-34-10.1; amended 542 Code Section 33-34-10.2; amended 542 Code Section 33-34-11; revised 542 Code Section 33-34-12; revised 542 Code Section 33-34-12.1; enacted 542 Code Section 33-34-13; enacted 542 Code Section 33-34-14; amended 553 Code Section 33-36-2; amended 3 Code Title 33, Chapter 40; enacted 875 Code Section 34-1-3; enacted 1156 Code Section 34-2-5; amended 1007 Code Section 34-8-74; amended 3 Code Section 34-8-78; amended 191 Code Sections 34-8-110 through 34-8-115; enacted 139 Code Section 34-8-121; amended 139 Code Section 34-8-122; amended 139 Code Section 34-8-153; amended 435 Code Section 34-8-155; amended 191 Code Section 34-8-158; amended 435 Code Section 34-9-1; amended 1038 , 1110 Code Section 34-9-13; amended 806 Code Section 34-9-103; amended 806 Code Section 34-9-105; amended 806 Code Section 34-9-131; amended 806 Code Section 34-9-151; amended 1110 , 1397 Code Section 34-9-161; amended 1397 Code Section 34-9-203; amended 806 Code Section 34-9-221; amended 806 Code Section 34-9-226; amended 396 Code Section 34-9-280; amended 1474 Code Section 34-9-281; amended 1474 Code Section 34-9-284; amended 1474 Code Section 34-9-286; repealed 1474

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Code Section 34-9-287; repealed 1474 Code Section 34-9-289; amended 1474 Code Section 34-9-292; amended 1474 Code Section 34-9-310; amended 1474 Code Section 34-9-311; repealed 1474 Code Section 34-9-312; repealed 1474 Code Section 34-9-330; repealed 1474 Code Section 34-9-331; repealed 1474 Code Section 34-9-332; repealed 1474 Code Section 34-9-333; repealed 1474 Code Section 34-9-334; repealed 1474 Code Section 34-9-335; repealed 1474 Code Section 34-9-360; amended 820 Code Section 34-11-2; amended 1349 Code Section 34-11-7; amended 1349 Code Section 34-11-8; amended 1349 Code Section 34-11-10; amended 1349 Code Section 34-11-14; amended 1349 Code Section 34-11-15; amended 1349 Code Section 34-11-17; repealed 1349 Code Section 34-11-21; enacted 1349 Code Section 34-11-22; amended 1349 Code Section 35-1-4; amended 3 Code Section 35-2-42; amended 3 Code Section 35-2-45; amended 3 Code Section 35-2-48; amended 3 Code Section 35-2-54; amended 3 Code Section 35-2-57; enacted 317 Code Section 35-2-71; amended 3 Code Section 35-2-73; amended 3 Code Section 35-3-7; amended 3 Code Section 35-3-8.1; amended 3 Code Section 35-3-9; amended 3 Code Section 35-3-32; amended 3 Code Section 35-3-62; amended 3 Code Section 35-5-7; enacted 317 Code Section 35-6A-5; amended 3 Code Section 35-8-2; amended 1141 Code Section 35-8-7; amended 3 Code Section 35-8-7.1; amended 3 Code Section 35-8-8; amended 3 Code Section 36-1-5; amended 1482 Code Section 36-1-22; amended 3 Code Section 36-4-3; amended 3 Code Sections 36-5-1 through 36-5-8; repealed 1482 Code Section 36-5-21; amended 1482 Code Section 36-5-22; amended 1482 Code Section 36-5-22.1; enacted 1051 , 1482 Code Section 36-6-3; amended 3 Code Section 36-7-8; amended 3 Code Section 36-9-3; amended 3 , 1100 Code Section 36-10-2.1; amended 166

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Code Section 36-10-4; amended 641 Code Section 36-13-5.1; amended 3 Code Section 36-14-2; amended 3 Code Section 36-15-7; amended 843 Code Section 36-15-9; amended 3 , 843 Code Section 36-30-3; amended 3 , 175 , 275 Code Section 36-30-13; enacted 178 Code Section 36-32-1; amended 3 Code Section 36-32-2; amended 3 Code Section 36-32-3; amended 3 Code Section 36-32-5; amended 3 Code Section 36-32-6; amended 3 Code Section 36-32-7; amended 3 Code Section 36-32-8; amended 3 Code Section 36-32-9; enacted 1153 , 1462 Code Section 36-33-1; amended 3 Code Section 36-34-2; amended 3 Code Section 36-34-5.1; amended 191 Code Section 36-35-3; amended 3 Code Section 36-35-4; amended 1055 Code Section 36-37-6; amended 191 , 1051 Code Section 36-37-6.2; amended 3 Code Section 36-39-6; amended 3 Code Section 36-41-2; amended 3 Code Section 36-41-3; amended 150 Code Section 36-41-4; amended 3 Code Section 36-41-5; amended 150 Code Section 36-41-6; amended 150 Code Section 36-41-7; amended 150 Code Section 36-41-8; amended 3 , 150 Code Section 36-41-9; amended 150 Code Section 36-41-10; amended 150 Code Section 36-41-11; amended 150 Code Section 36-44-3; amended 967 Code Section 36-60-6; amended 387 Code Section 36-61-11; amended 3 Code Section 36-61-17; amended 3 Code Section 36-62-3; amended 3 Code Section 36-62-6; amended 1067 Code Section 36-62-7; amended 1067 Code Section 36-62-9; amended 3 Code Section 36-63-4; amended 3 Code Section 36-63-8; amended 3 Code Section 36-63-11; amended 1021 Code Section 36-67A-4; amended 3 Code Section 36-68-2; amended 3 Code Section 36-68-3; amended 3 Code Section 36-80-1; amended 3 Code Section 36-80-15; amended 3 Code Section 36-81-1; amended 3 Code Section 36-81-2; amended 3 Code Section 36-81-3; amended 3

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Code Section 36-81-5; amended 3 Code Section 36-81-6; amended 3 Code Section 36-81-7; amended 349 Code Section 36-81-8; amended 3 Code Section 36-81-9; amended 3 Code Section 36-81-10; amended 3 Code Section 36-82-1; amended 3 Code Section 36-82-7; amended 334 Code Section 36-82-61; amended 3 Code Section 36-82-65; amended 3 Code Section 36-82-74; amended 3 Code Section 36-82-77; amended 3 Code Section 36-82-103; amended 3 Code Section 36-82-140; amended 3 Code Section 36-82-160; amended 3 Code Sections 36-82-180 through 36-82-209; enacted 486 Code Section 36-85-1; amended 1454 Code Section 36-85-2; amended 1454 Code Section 36-85-5; amended 1454 Code Section 36-85-18; amended 1454 Code Section 36-85-20; amended 1454 Code Section 37-1-20; amended 3 Code Section 37-3-41; amended 3 Code Section 37-3-42; amended 3 Code Section 37-3-81.1; amended 3 , 797 Code Section 37-3-82; amended 797 Code Section 37-3-91; amended 797 Code Section 37-3-166; amended 3 Code Section 37-4-40.1; amended 3 Code Section 37-4-40.2; amended 3 Code Section 37-4-40.4; amended 3 Code Section 37-4-40.5; amended 3 Code Section 37-4-109; amended 3 Code Section 37-7-41; amended 3 Code Section 37-7-42; amended 3 Code Section 37-7-64; amended 3 Code Section 37-7-81.1; amended 3 , 797 Code Section 37-7-82; amended 797 Code Section 37-7-91; amended 797 Code Section 37-8-2; amended 3 Code Section 37-8-6; amended 3 Code Section 37-8-8; amended 3 Code Section 37-8-10; amended 3 Code Section 37-8-34; amended 3 Code Section 37-8-53; amended 797 Code Section 37-9-2; amended 3 Code Section 37-9-7; amended 191 Code Section 38-2-279; amended 1299 Code Section 40-2-20; amended 949 Code Section 40-2-20.1; amended 1 Code Section 40-2-25; amended 191 Code Section 40-2-28; amended 655

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Code Section 40-2-29; amended 949 Code Section 40-2-29.01; enacted 658 Code Section 40-2-29.16; enacted 337 , 339 Code Section 40-2-29.17; enacted 658 Code Section 40-2-29.18; enacted 658 , 660 Code Section 40-2-75.2; enacted 949 Code Section 40-2-114; amended 949 Code Section 40-3-4; amended 655 Code Section 40-3-35.1; amended 626 Code Section 40-3-35.2; repealed 626 Code Section 40-5-53; amended 392 Code Section 40-5-54; amended 1082 Code Section 40-5-55; amended 1489 Code Section 40-5-58; amended 1082 Code Section 40-5-63; amended 1082 Code Section 40-5-83; amended 431 Code Section 40-5-86; amended 1082 Code Section 40-5-124; amended 3 Code Section 40-6-53; enacted 361 Code Section 40-6-184; amended 361 Code Section 40-6-206; amended 542 Code Section 40-6-221; amended 1439 Code Section 40-6-222; amended 1464 Code Section 40-6-225; amended 1439 Code Section 40-6-270; amended 3 Code Section 40-6-391; amended 3 , 904 Code Section 40-6-395; amended 3 Code Section 40-8-91; amended 3 Code Section 40-8-159; amended 626 Code Section 40-13-20; amended 3 Code Section 40-13-21; amended 3 Code Section 40-13-22; amended 3 Code Section 40-13-23; amended 329 Code Section 40-13-24; amended 3 Code Section 40-13-26; amended 3 Code Section 40-13-29; amended 3 Code Section 41-1-8; enacted 999 Code Section 41-2-5; amended 3 Code Section 42-1-6; enacted 1446 Code Section 42-2-3; amended 457 Code Section 42-4-2; amended 342 Code Section 42-4-13; enacted 611 Code Section 42-5-35; amended 454 Code Section 42-8-33; amended 452 Code Section 42-8-35.1; amended 654 Code Section 42-8-36; amended 455 Code Section 42-8-43.2; enacted 1319 Code Section 42-9-49; amended 428 Code Section 43-1A-3; amended 3 Code Section 43-1A-4; amended 3 Code Section 43-6-1; amended 596 Code Section 43-6-9; amended 596

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Code Section 43-6-11.1; enacted 596 Code Section 43-6-12; amended 596 Code Section 43-6-13; amended 596 Code Section 43-6-18.1; amended 596 Code Section 43-6-24; amended 596 Code Section 43-6-25.1; amended 596 Code Section 43-7A-3; amended 3 Code Section 43-7A-7; amended 3 Code Section 43-7A-12; amended 467 Code Section 43-7A-22; amended 3 Code Section 43-10-18.3; enacted 1089 Code Section 43-11-1; amended 932 Code Section 43-11-17; amended 932 Code Section 43-11-21; amended 932 Code Section 43-11-21.1; enacted 932 Code Section 43-11-21.2; enacted 932 Code Section 43-11-22; amended 932 Code Section 43-11-40; amended 932 Code Section 43-11-46; amended 932 Code Section 43-11-47; amended 932 Code Section 43-11-70; enacted 932 Code Section 43-11-71; amended 932 Code Section 43-11-73; amended 932 Code Section 43-11-74; amended 932 Code Section 43-11-80; enacted 932 Code Section 43-11-81; enacted 932 Code Section 43-11-82; enacted 932 Code Section 43-11A-3; amended 1149 Code Section 43-11A-8; amended 1149 Code Section 43-11A-9; amended 1149 Code Section 43-11A-10; repealed 1149 Code Section 43-17-1; amended 968 Code Section 43-17-2; amended 968 Code Section 43-17-4; amended 968 Code Section 43-17-6; amended 968 Code Section 43-17-7; repealed 968 Code Section 43-17-11; amended 968 Code Section 43-17-12; amended 968 Code Section 43-17-13; amended 968 Code Section 43-17-14; amended 968 Code Section 43-17-14.1; enacted 968 Code Section 43-17-15; amended 968 Code Section 43-17-18; amended 191 , 968 Code Section 43-18-41; amended 403 Code Section 43-19-4; amended 603 Code Section 43-19-5; amended 603 Code Section 43-19-6; amended 603 Code Section 43-19-8; amended 603 Code Section 43-19-9; repealed 603 Code Section 43-19-11; amended 603 Code Section 43-19-12; amended 603

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Code Section 43-19-15; amended 603 Code Section 43-19-16; amended 603 Code Section 43-19-17; repealed 603 Code Section 43-19-18; amended 603 Code Section 43-19-21; repealed 603 Code Section 43-19-23; repealed 603 Code Section 43-19-25; amended 603 Code Section 43-19-28; amended 603 Code Section 43-24-2; amended 355 Code Section 43-24-7; amended 355 Code Section 43-33-17; amended 3 Code Section 43-34-29.1; enacted 407 Code Section 43-34-37; amended 407 Code Section 43-36-6; amended 370 Code Section 43-36-22; amended 370 Code Section 43-38-4; amended 1400 Code Section 43-38-5; repealed 1400 Code Section 43-38-6; amended 3 , 1400 Code Section 43-38-7; amended 1400 Code Section 43-38-7.1; enacted 1400 Code Section 43-38-8; amended 1400 Code Section 43-38-9; amended 1400 Code Section 43-38-10; amended 1400 Code Section 43-38-10.1; amended 1400 Code Section 43-38-11; amended 3 , 1400 Code Section 43-38-11.1; amended 1400 Code Section 43-38-17; amended 1400 Code Section 43-39-8; amended 3 , 343 Code Section 43-39-13; amended 3 Code Section 43-40-8; amended 252 Code Section 43-40-9; amended 252 Code Section 43-40-10; amended 252 Code Section 43-40-12; amended 3 , 252 Code Section 43-40-20; amended 252 Code Section 43-40-24; amended 252 Code Section 43-40-25; amended 3 , 252 Code Section 43-41-1; amended 1093 Code Section 43-41-2; amended 1093 Code Section 43-41-3; amended 1093 Code Section 43-41-5; amended 1093 Code Section 43-41-6; amended 1093 Code Section 43-41-7; amended 1093 Code Section 43-41-8; amended 1093 Code Section 43-41-15; amended 1093 Code Section 43-41-16; amended 1093 Code Section 43-41-18; amended 1093 Code Section 43-41-19; amended 1093 Code Title 43, Chapter 44; revised 1072 Code Section 43-47-6; amended 369 Code Section 43-47-8; amended 369 Code Section 44-1-13; amended 1442 Code Section 44-1-14; amended 3

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Code Section 44-3-3; amended 3 Code Section 44-3-135; amended 3 Code Section 44-3-140; amended 3 Code Section 44-3-186; repealed 1386 Code Section 44-3-188; amended 3 , 1386 Code Section 44-5-142; amended 1101 Code Section 44-5-143; amended 1101 Code Section 44-5-143.1; amended 1101 Code Section 44-5-149; enacted 1101 Code Section 44-5-150; enacted 1101 Code Section 44-5-168; amended 3 Code Section 44-7-59; enacted 842 Code Section 44-12-22; amended 3 Code Section 44-12-199; amended 541 Code Section 44-14-3; amended 3 Code Section 44-14-230; amended 3 , 1023 Code Section 44-14-231; amended 1023 Code Section 44-14-232; amended 1023 Code Section 44-14-233; amended 1023 Code Section 44-14-234; amended 1023 Code Section 44-14-237; amended 1023 Code Sections 44-14-450 through 44-14-456; amended 382 Code Section 44-14-517; enacted 1023 Code Section 44-14-570; amended 191 Code Section 45-2-1; amended 3 Code Section 45-3-31; amended 398 Code Section 45-8-12; amended 905 , 1334 Code Section 45-9-1; amended 993 Code Section 45-9-3.1; enacted 993 Code Section 45-9-4; amended 3 Code Section 45-9-23; amended 3 Code Section 45-9-80; amended 822 Code Section 45-9-81; amended 822 Code Section 45-9-82; amended 822 Code Section 45-9-83; amended 822 Code Section 45-9-84.2; amended 822 Code Section 45-9-85; amended 822 Code Section 45-9-86; amended 822 Code Section 45-10-25; amended 848 Code Section 45-12-24; amended 3 Code Section 45-13-27; enacted 432 Code Section 45-15-70; amended 993 Code Section 45-16-1; amended 630 Code Section 45-16-10; amended 559 Code Section 45-16-62; amended 340 Code Section 45-16-64; amended 340 Code Section 45-17-8; amended 1113 Code Section 45-18-1; amended 1035 , 1337 Code Section 45-18-7; amended 1005 Code Section 45-18-7.2; enacted 662 Code Section 45-20-2; amended 575 Code Section 45-20-3.1; amended 3

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Code Section 45-20-51; amended 191 Code Section 45-20-70; enacted 990 Code Section 45-20-71; enacted 990 Code Section 46-1-1; amended 1090 Code Section 46-2-26.3; amended 191 Code Sections 46-4-80 through 46-4-125; enacted 745 Code Section 46-5-23; enacted 1159 Code Section 46-5-100; amended 325 Code Section 46-7-36; amended 3 Code Section 46-8-51; amended 849 Code Section 46-8-55; enacted 849 Code Section 46-10-9; amended 634 Code Section 47-1-3; amended 146 Code Section 47-1-7; amended 146 Code Section 47-1-9; amended 146 Code Section 47-2-1; amended 575 Code Section 47-2-190; enacted 575 Code Section 47-2-312; amended 146 Code Section 47-2-313; amended 1035 Code Section 47-3-1; amended 575 , 959 Code Section 47-3-21; amended 146 Code Section 47-3-41; amended 959 Code Section 47-3-41.1; enacted 959 Code Section 47-3-48; amended 146 Code Section 47-3-60; amended 575 , 959 Code Section 47-3-63; amended 575 Code Section 47-4-2; amended 575 Code Section 47-4-40; amended 575 Code Section 47-6-60; amended 146 Code Section 47-7-40; amended 1040 Code Section 47-7-42; repealed 1040 Code Section 47-7-43; amended 1040 Code Section 47-7-61; amended 1040 Code Section 47-7-83; repealed 1040 Code Section 47-8-43; amended 146 Code Section 47-10-3; amended 146 Code Section 47-16-21; amended 535 Code Section 47-16-26; amended 534 Code Section 47-17-1; amended 1062 Code Section 47-17-23; amended 473 Code Section 47-17-60; amended 475 Code Section 47-18-2; amended 191 Code Section 47-20-3; amended 240 Code Section 47-20-30; amended 240 Code Section 47-20-33; amended 240 Code Section 47-20-35; amended 240 Code Section 47-20-36; amended 240 Code Section 47-20-37; amended 240 Code Section 47-20-50; amended 240 Code Section 47-20-50.1; enacted 240 Code Section 48-1-2; amended 191

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Code Section 48-2-18; amended 485 Code Section 48-3-13; amended 665 Code Section 48-3-14; amended 665 Code Section 48-5-7.1; amended 286 Code Section 48-5-41; amended 191 Code Section 48-5-137.1; enacted 1049 Code Section 48-5-147; amended 374 Code Section 48-5-161; amended 965 Code Section 48-5-183; amended 366 Code Section 48-5-314; amended 558 Code Section 48-5-470.1; amended 191 Code Section 48-5-513; amended 977 Code Section 48-5-522; repealed 977 Code Section 48-5-541; amended 977 Code Section 48-6-20; amended 266 Code Section 48-6-22; amended 191 , 266 Code Section 48-6-25; amended 266 Code Section 48-6-27; amended 191 Code Section 48-7-5; enacted 444 Code Sections 48-7-20 through 48-7-39; amended 191 Code Section 48-7-50; amended 191 Code Section 48-7-60; amended 191 Code Section 48-7-100; amended 191 Code Section 48-7-101; amended 191 Code Section 48-7-102; amended 191 Code Section 48-7-102.1; enacted 191 Code Section 48-7-114; amended 191 Code Section 48-8-3; amended 191 Code Section 48-8-111; amended 1322 Code Section 48-8-112; amended 1322 Code Section 48-8-121; amended 1322 Code Section 48-8-122; enacted 1322 Code Section 48-10-2; amended 348 Code Section 48-12-2; amended 191 Code Section 48-13-5; amended 3 Code Section 48-13-51; amended 635 Code Section 49-4-6; amended 1435 Code Section 49-4-15.1; enacted 1435 Code Section 49-5-7; amended 3 Code Section 49-5-12; amended 1435 Code Section 49-5-40; amended 1000 Code Section 49-5-41.1; enacted 1000 Code Section 49-5-45; enacted 1000 Code Section 49-5-60; amended 1416 Code Section 49-5-63; amended 1416 Code Section 49-5-64; amended 1416 Code Section 49-5-65; amended 1416 Code Section 49-5-66; amended 1416 Code Section 49-5-67; repealed 1416 Code Section 49-5-68; amended 1416 Code Section 49-5-69; amended 1416

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Code Sections 49-5-130 through 49-5-155; enacted 1576 Code Section 50-5-16; enacted 176 Code Section 50-8-8; amended 345 Code Section 50-8-99.1; amended 3 Code Section 50-8-101; amended 555 Code Sections 50-8-120 through 50-8-123; enacted 1142 Code Section 50-16-17; amended 1064 Code Section 50-16-32; amended 347 Code Section 50-17-21; amended 642 Code Section 50-17-24; amended 642 Code Section 50-17-27; amended 642 Code Section 50-18-31; amended 3 Code Section 50-18-72; amended 377 Code Section 51-1-11; amended 613 Code Section 51-1-11.1; enacted 1152 Code Section 51-1-20; amended 915 , 986 Code Section 51-1-29.1; enacted 887 , 986 Code Section 51-1-31; amended 832 Code Section 51-1-38; enacted 363 , 433 Code Section 51-2-3; amended 3 Code Section 51-12-1; amended 915 Code Section 51-12-5; amended 915 Code Section 51-12-5.1; enacted 915 Code Section 51-12-6; amended 915 Code Section 51-12-12; amended 915 Code Section 51-12-31; amended 915 Code Section 51-12-32; amended 915 Code Section 51-12-33; enacted 915 Code Section 52-7-3; amended 567 Code Section 52-7-4; amended 567 Code Section 52-7-5; amended 567 Code Section 52-7-6; amended 567 Code Section 52-7-8; amended 567 Code Section 52-7-10; amended 567 Code Section 52-7-12; amended 3 Code Section 52-7-13; amended 567 Code Section 52-7-18; amended 567 Code Section 53-4-4; amended 632 Code Section 53-5-20; amended 375 Code Section 53-6-23; amended 539 Code Section 53-6-91; amended 477 Code Section 53-8-2; amended 191 Code Section 53-12-94; amended 191 Code Section 53-12-120; amended 191 Code Section 53-12-121; amended 191 Code Section 53-12-124; amended 191 Code Section 53-12-125; amended 191 Code Section 53-12-126; amended 191 Code Section 53-12-129; amended 191 Code Section 53-12-130; amended 191 Code Section 53-12-131; amended 191

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CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS Albany and Dougherty County; school systems; merger 3831 Albany; bonds; waterworks 3837 Albany-Dougherty County sewage system 3839 , 3841 Americus-Sumter Payroll Development Authority 3550 , 5506 , 5575 Appling County; board of education; election 3738 Athens; taxes other than ad valorem property taxes 3631 Auburn; homestead exemption 5263 Bacon County; tax for promoting new industry 3813 Bacon Industrial Building Authority 3815 Banks County Industrial Building Authority 5277 Barrow County Industrial Building Authority 3525 Barrow County School System; creation 3523 Bartow County; board of education; election 4466 Bleckley County; board of education; elections 3556 Bleckley-Cochran Industrial Development Authority 3558 Brantley County Development Authority 5103 Brooks County and Quitman; school systems; merger 4544 Brunswick and Glynn County Development Authority 3659 Brunswick; Downtown Brunswick; district; taxes 3719 Calhoun; appropriations to HAND UP, INC. 3590 Camden County; board of education; Act continuing local constitutional amendment repealed 4943 Candler County Industrial Authority 3734 Carrollton; homestead exemption 5154 Catoosa County; board of tax administrators 3796 Catoosa County; sewage districts 4548 Catoosa County Development Authority 4546 Charlton County Development Authority 4530 Chatham County; board of tax assessors; chief tax assessor 4485 Chatham County; school system 4607 Chattooga County; board of education; election 3821 Chattooga County; tax commissioner; fees for collection of school taxes 3819 Cherokee County; board of education 3572 Cherokee County; fire protection districts; sewerage districts 3568 Cherokee County Airport Authority 3570 Cherokee County Development Authority 3566 City of Barnesville and County of Lamar Development Authority 3730 City of Dallas Parking Authority 3726 City of Dublin and County of Laurens Development Authority 4525 City of Jasper Industrial Authority 3564 Clarke County; merit system 3633 Clarke County; taxes other than ad valorem property taxes 3631 Clarke County; water, sanitation, sewerage, and fire protection districts 3635 Clay County; port and terminal facilities 5284 Clay County Development Authority 5286 Clinch County; board of education; election; school superintendent; appointment 4536 Clinch County Development Authority 4534 College Park Business and Industrial Development Authority 3713 Cordele and Crisp County; school systems; merger 3552 Cordele; Crisp County-Cordele Industrial Development Authority 3548

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Cordele Office Building Authority 4532 Crisp County and Cordele; school systems; merger 3552 Crisp County-Cordele Industrial Development Authority 3548 Dalton; homestead exemption; residents 62 or older 3709 Decatur; bonds; offstreet parking 3790 DeKalb County; ad valorem property tax exemption for certain improvements to real property 3792 DeKalb County; board of education; temporary loans 4118 DeKalb County; form of government 4817 Doerun; bonds 3717 Dooly County Industrial Development Authority 3514 Dougherty County; garbage collection franchises 3833 Dougherty County; school system; merger 3831 Dougherty County; sewage system 3839 , 3841 Dougherty County; tax collection and assessment 3835 Douglas-Coffee County Industrial Authority 3554 Douglas County; board of education; elections 3645 Douglas County; bonds for road purposes 3655 Douglas County; business licenses; ordinances 3647 Douglas County; civil service system 3649 Douglas County; recall of county officers and members of the board of education 3653 Douglas County; water, sanitation, sewerage, and fire protection districts 3651 Douglasville-Douglas County Stadium Authority 3643 Downtown Athens Development Authority 3825 Downtown Dublin Development Authority 4519 Downtown LaGrange Development Authority 3596 Downtown West Point Development Authority 3592 Dudley; tax to promote new industries 4517 Echols County; judge of the probate court to serve as judge of the County Court of Echols County (now magistrate court) 3829 Echols County Development Authority 3827 Fayette County; board of education; election 3736 Fitzgerald; tax for promoting industry 3527 Fitzgerald and Ben Hill County Development Authority 3529 Floyd County; board of education; districts; school superintendent 3518 Floyd County; board of education; temporary loans 4118 Floyd County; juvenile court; judge 3520 Floyd County; schools beyond the twelfth grade; area schools; bonds 3516 Fort Gaines; port and terminal facilities 5284 Fort Gaines; tax for promoting new industries 5288 Franklin County Industrial Building Authority 3582 Fulton County; board of education; temporary loans 4118 Fulton County; retirement and pension fund for county and school system employees 3703 Gainesville Redevelopment Authority 3637 Glascock County; board of education; election 3807 Glascock County Industrial Development Authority 3809 Glynn County; ad valorem taxation; homesteads of residents 62 or older or disabled 3728 Glynn County and municipalities therein; ad valorem tax; goods in transit 3614 Glynn County; business licenses in unincorporated areas 3612 Glynn County; distilled spirits and alcoholic beverages; sales by the drink; hours 3616

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Glynn County; homestead exemption; taxes for educational purposes 3610 Griffin-Spalding County School System 3545 Hall County; fire prevention districts 3661 Hancock County; board of education; election 3732 HAND UP, INC.; appropriations from the City of Calhoun 3590 Hapeville Development Authority 4961 Hogansville Development Authority 3602 Jeff Davis County and political subdivisions therein; taxation of capital improvements of new industries 5265 Jenkins County Development Authority 3798 LaGrange; bonded debt limit; waterworks 3600 LaGrange Development Authority 3512 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority 3588 Laurens County; board of education; election 4521 Laurens County; bonds; educational facilities beyond the twelfth grade 4523 Lee County; business license fees and occupational taxes 3698 McDuffie County; board of education; school superintendent 3604 McIntosh County; bonded indebtedness for educational purposes 3657 Monroe County; homestead exemption 3823 Morgan County; tax for promoting industries 3560 Morgan County Development Authority 3705 Murray County; board of education 3623 Newnan; board of water, sewerage, and light commission 3608 Norcross; homestead exemption; persons 62 or older 3641 Ocilla-Irwin County Industrial Development Authority 3817 Oconee County Industrial Building Authority 3562 Oconee County Industrial Development Authority 5501 Oglethorpe County; board of education; school superintendent 3620 Paulding County; civil service system 3578 Paulding County; courthouse 3722 Paulding County; fire protection districts 3724 Paulding County Industrial Building Authority 3576 Peach County; board of education; building funds 3663 Peach County; board of education; grants for educating handicapped citizens 3665 Peach County; tax for Peach County Industrial Development Authority 3667 Pickens County; board of education 3574 Pierce County Industrial Development and Building Authority 3786 Pike County; ad valorem tax returns 4829 Powder Springs Downtown Development Authority 4199 , 4770 Pulaski County; board of education; elections 3618 Pulaski County; board of education; elections; referendum 4241 Putnam County; tax collector; compensation 3715 Quitman and Brooks County; school systems; merger 4544 Richmond County; local taxing jurisdictions; discounts for early payment of ad valorem taxes 3788 Savannah and Chatham County; board of public education; retirement system; benefit increases 4515 Savannah; board of tax assessors; chief tax assessor 4485 Savannah; school system 4607 Spalding County; business licenses in unincorporated areas 3693 Spalding County; educational facilities beyond the twelfth grade; bonds 3537 Spalding County; fire protection districts 3691

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Spalding County; Griffin-Spalding County School System 3545 Spalding County; ordinances 3689 Spalding County; roads; assessment of costs 3543 Spalding County; sales and use tax; bonds 3696 Spalding County; temporary loans 3539 Spalding County; water districts 3541 Sugar Hill; homestead exemption 5279 Tift County; board of education; school superintendent 3531 Tift County Development Authority; creation 3533 Tift County Development Authority; tax 3535 Troup County; business license fees 3782 Troup County Development Authority 3594 Turner County Development Authority 5007 Walton County; school district 3794 Warner Robins Development Authority 3811 Washington Wilkes Payroll Development Authority 3606 Waycross; tax to promote industry 3639 Wayne County; board of education; election 3802 Wayne County; county administrator 3804 Wayne County Industrial Development Authority 3805 West Point; bonds; flood protection 3784 West Point Development Authority 3598 Whitfield County; board of education; school superintendent; elections 3707 Whitfield County; homestead exemption 3711 Wilcox County; board of education; election 3580 Worth County Development Authority 3800 COURTS SUPREME COURT Senior Appellate Court Justice; office created; duties; powers; compensation 291 Seven Justices 324 COURT OF APPEALS Oral arguments; location 291 Senior Appellate Court Judge; office created; duties; powers; compensation 291 SUPERIOR COURTS Administrative services 622 Appeals from magistrate courts 1009 Augusta Judicial Circuit; Burke County; terms 250 Augusta Judicial Circuit; judges; salary supplement; Burke County 4893 Augusta Judicial Circuit; judges; salary supplement; Columbia County 4976 Brunswick Judicial Circuit; additional judge 1145 Bulloch County; clerk; employees; compensation 4487 Bulloch County; sheriff; deputies; office clerk; compensation 4489 Burial places; permits for disturbing 387 Burke County; judges; salary supplement 4893 Burke County; terms 250

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Catoosa County; sheriff; compensation; budgets 4958 Chatham County; clerk; sheriff; compensation 4087 Clayton County; sheriff; clerk of the superior court; deputy clerk; compensation 5255 Clerks; fees; corporations 537 Clerks; fees; divorce cases 1133 Clerks; fees for transmitting reports of traffic convictions 392 Clerks; fees; rural telephone cooperatives 325 Clerks; filing lists of electors; repealed 351 Clerks; minimum salaries 440 Cobb County; chief deputy sheriff; chief investigator; compensation 3860 Cobb County; deputy clerk of the superior court; compensation 4593 Cobb County; sheriff; executive secretary 3863 Cobb Judicial Circuit; additional judge 410 Cobb Judicial Circuit; district attorney; assistant district attorneys; compensation 5354 Cobb Judicial Circuit; judges; salary supplement 4766 Columbia County; judges; salary supplement 4976 Communicable diseases; warrants for medical examinations of inmates 1446 Corporations; superior court filing fees 537 DeKalb County; clerk; compensation 4540 DeKalb County; judges; supplement 3989 District attorneys; investigators for each circuit 1337 Douglas Judicial Circuit; terms 2 Fayette County; clerk; compensation 4404 Fayette County; sheriff; compensation 4412 Fees; magistrate courts 320 Floyd County; clerk; compensation; supplements 5275 Gilmer County; sheriff; personnel; equipment 4777 Glascock County; deputy sheriffs; compensation 5128 Glynn County; Jekyll Island-State Park Authority; ordinance violations 1117 Griffin Judicial Circuit; additional judge 279 Gwinnett Judicial Circuit; additional judge 331 Hancock County; terms 294 Haralson County; clerk placed on an annual salary 3503 Haralson County; terms 37 Judges and senior judges; expenses; meetings; educational programs 385 Judges; election 328 Judges; law libraries 843 Northeastern Judicial Circuit; Hall County; terms 296 Northern Judicial Circuit; judges; salary supplements 5479 Ocmulgee Judicial Circuit; terms 294 Ocmulgee Judicial Circuit; terms 295 Paulding County; terms 37 Polk County; terms 37 Richmond County; judges; district attorney; clerk; compensation 5361 Sheriffs; minimum salaries 440 Sheriffs; tax executions; levy administration fee 965 Southern Judicial Circuit; judges; salary supplement 3983 Stone Mountain Judicial Circuit; judges; supplement 3989 Tallapoosa Judicial Circuit; terms 37 Walker County; clerk, personnel; compensation 4295 Western Judicial Circuit; judges; salary supplement 3780 Wilkinson County; terms 295

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JUVENILE COURTS Abortion; Parental Notification Act 1013 Chatham County; judge; compensation 4087 Child controlled substance or marijuana abuse reports 1000 Cobb County; judge; compensation 4910 Deprived children; shelter care 479 Floyd County; judge; local constitutional amendment continued 3520 Juvenile Justice Coordinating Council; creation; community-based services 1576 PROBATE COURTS Bulloch County; clerk; compensation; part-time employees 4493 Chatham County; judge; clerk; compensation 4087 Clayton County; judge; compensation 5246 Clerk exercising jurisdiction of judge in uncontested matters in counties of 150,000 or more 524 Clerks; fees for transmitting reports of traffic convictions 392 Cobb County; judge and clerk; compensation 4775 Counties of more than 150,000; concurrent jurisdiction with superior courts 912 Counties of more than 150,000; judges; eligibility requirements 406 DeKalb County; judge; compensation 4540 Echols County; judge to serve as judge of the County Court of Echols County (now magistrate court); local constitutional amendment continued 3829 Fayette County; judge; compensation 4414 Floyd County; judge; compensation; supplements 5275 Guardianship hearings; fees 401 Jailers; oaths 342 Jones County; judge as chief magistrate 3700 Judges as custodians of funds of minors and incapacitated adults; bonds; amounts; unclaimed funds 979 Judges; minimum salaries 440 Judge's office; location 400 Jurisdiction in county matters 1482 Marriage licenses; fees 1133 Marriage licenses; issuance in any county; conditions 409 Muscogee County; judge; salary 4963 Richmond County; judge; compensation 5361 Taylor County; judge of the probate court as chief magistrate 3991 Walker County; probate court personnel; compensation 4298 Year's support; conveyance or encumbrance by surviving spouse of property set aside; approval by judge 375 STATE COURTS Appeals from magistrate courts 1009 Burke County; fees 4095 Burke County; terms 3771 Candler County; new trials 4468 Carroll County; judge, solicitor, and judge's secretary; compensation 3669 Carroll County; solicitor; expenses; supplies; personnel 4992 Chatham County; judge; clerk; compensation 4087

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Chattooga County; judge and solicitor; compensation; secretary 4503 Clayton County; judge; solicitor; deputy clerk; compensation 5249 Clerks; fees for transmitting reports of traffic convictions 392 Cobb County; clerk; chief deputy clerk; compensation 4971 Cobb County; judges; compensation 4814 Cobb County; second division; judges; compensation; retirement 4798 Cobb County; solicitor; chief assistant and assistant solicitors; compensation 4826 Decatur County; judge; solicitor; compensation 4093 DeKalb County; additional assistant solicitors 5242 DeKalb County; additional judge 5449 Dougherty County; costs; fees 5238 Effingham County; judge; salary 4250 Effingham County; solicitor; salary 4252 Glynn County; Jekyll Island-State Park Authority; ordinance violations 1117 Gwinnett County; additional judge; chief judge 5457 Habersham County; judge and solicitor; compensation; practice of law 5330 Habersham County; solicitors pro tempore 4980 Habersham County; terms; jury panels 4978 Hall County; terms 4773 Houston County; costs in civil cases 5414 Muscogee County; additional judge and assistant solicitor; compensation 4423 Richmond County; judge; solicitor; compensation 5361 Rockdale County; state court created 5452 Solicitors; carrying pistols in public buildings 358 Solicitors; residency requirements 359 Spalding County; judge and solicitor; elections; compensation; powers; duties; vacancies 4527 Volunteer legal service agencies in counties of 550,000 or more; fees 282 Walker County; secretary 5111 Ware County; judge and solicitor; compensation 4302 MAGISTRATE COURTS Appeals to superior or state courts 1009 Attorney's fees; costs; expenses of litigation; appeals 397 Chatham County; appointment of additional magistrates 4805 Chatham County; chief magistrate; compensation 4087 Chatham County; law library fees 4222 Civil court judges pro tempore; service as magistrates pro tempore 484 Clerks; fees for transmitting reports of traffic convictions 392 Clerks; qualifications 364 Clinch County; law library fees 5133 Dodge County; chief magistrate; election 4796 Echols County; judge of the probate court to serve as judge of the County Court of Echols County (now magistrate court); local constitutional amendment continued 3829 Fayette County; magistrates; elections 4406 Fees; writs of execution; writs of fieri facias; clerks of superior courts 320 Glynn County; Jekyll Island-State Park Authority; ordinance violations 1117 Heard County; chief magistrate; compensation 4395 Houston County; law library fees 5412 Jefferson County; law library fees 4274

Page XXXVII

Jones County; judge of the probate court as chief magistrate; compensation; magistrates and personnel 3700 Jurisdiction; bad checks 1032 Jurisdiction; civil cases 399 Jurisdiction; violations of ordinances of state authorities 448 Magistrates; carrying pistols in public buildings 358 Magistrates, constables, and clerks; commissions 398 Magistrates; practice of law; restrictions 430 Muscogee County; chief magistrate; compensation 4427 Spalding County; chief magistrate; compensation 4430 Taylor County; chief magistrate; judge of the probate court; constable 3991 Volunteer legal service agencies in counties of 550,000 or more; fees 282 MUNICIPAL COURTS Clerks; fees for transmitting reports of traffic convictions 392 Columbus and Muscogee County; judge; chief magistrate; compensation 4427 Columbus, Georgia; clerk; marshal; compensation; fees and costs 4281 East Point; Department of the City Court of East Point; creation 5567 Jurisdiction; selling or furnishing alcoholic beverages to minors 1462 Linwood; judge; appointment 3775 Shoplifting; jurisdiction; penalties 1153 Soperton; contempt; punishment 4021 Tifton; name; fines 4098 Traffic courts in cities of more than 300,000; senior judges 167 Waycross; municipal court; contempt 5641 OTHER COURTS Chatham County; recorder's court; chief judge; senior judge 5156 Chatham County; recorder's court; judge; compensation 4087 Gwinnett County; recorder's court 3765 Richmond County; civil court; judges; compensation 5361 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling County; board of education; election; local constitutional amendment continued 3738 Appling County; superior court; additional judge 1145 Bacon County; board of commissioners; compensation; expenses; per diem 5118 Bacon County; tax for promoting new industry; local constitutional amendment continued 3813 Bacon Industrial Building Authority; local constitutional amendment continued 3815 Banks County Industrial Building Authority; local constitutional amendment continued 5277 Barrow County; board of commissioners; composition; elections; districts; chairman; quorum 5018 Barrow County; school system; creation; local constitutional amendment continued 3523

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Barrow County Industrial Building Authority; local constitutional amendment continued 3525 Barrow County Water and Sewerage Authority; creation 4444 Bartow County; board of education; election; local constitutional amendment continued 4466 Bartow County; board of education; elections; terms; referendum 4915 Bartow County; school district; homestead exemption; referendum 5325 Bartow County; school superintendent; appointment; referendum 4912 Ben Hill County; Fitzgerald and Ben Hill County Development Authority; local constitutional amendment continued 3529 Bibb County; board of commissioners; lease of property 4287 Bibb County; Macon-Bibb County Water and Sewerage Authority; executions on orders assessing civil penalties; liens 4824 Bibb County; Macon-Bibb County Water and Sewerage Authority; members; compensation; expenses 4821 Bleckley County; Bleckley-Cochran Industrial Development Authority; local constitutional amendment continued 3558 Bleckley County; board of education; elections; local constitutional amendment continued 3556 Bleckley County; board of education; elections; referendum 4111 Bleckley County; commissioner; compensation 3858 Brantley County Development Authority; local constitutional amendment continued 5103 Brooks County; school superintendent; appointment; referendum 5267 Brooks County; school system; merger; local constitutional amendment continued 4544 Brooks County; superior court; judges; salary supplement 3983 Bulloch County; board of commissioners; clerk, deputy clerk, and clerical assistant; compensation 5533 Bulloch County; clerk of the superior court; employees; compensation 4487 Bulloch County; probate court; clerk; compensation; part-time employees 4493 Bulloch County; sheriff; deputies; office clerk; compensation 4489 Bulloch County; tax commissioner; assistants; compensation; part-time employees 4491 Burke County; judges of the superior court; salary supplement 4893 Burke County; state court; fees 4095 Burke County; state court; terms 3771 Burke County; superior court; terms 250 Butts County; board of commissioners; elections 5400 Butts County; board of education; election; school superintendent; appointment; referendum 4919 Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 Calhoun County; transfer of Georgia Forestry Commission structure 728 Camden County; board of commissioners; elections; districts; terms; referendum 4929 Camden County; board of education; elections; districts; terms; referendum; Act continuing local constitutional amendment repealed 4943 Camden County; school superintendent; appointment; referendum 5032 Camden County; superior court; additional judge 1145 Candler County; state court; new trials 4468

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Candler County Industrial Authority; local constitutional amendment continued 3734 Carroll County; state court; judge, solicitor, and judge's secretary; compensation 3669 Carroll County; state court; solicitor; expenses; supplies; personnel 4992 Catoosa County; board of tax administrators; local constitutional amendment continued 3796 Catoosa County; commissioner; hospitalization insurance for officials and employees; bids 4290 Catoosa County; coroner; salary; deputy coroner 5109 Catoosa County; Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; local constitutional amendment continued 3588 Catoosa County; sewage districts; local constitutional amendment continued 4548 Catoosa County; sheriff; compensation; budgets 4958 Catoosa County Development Authority; local constitutional amendment continued 4546 Charlton County; board of commissioners; elections; districts; quorum 5042 Charlton County Development Authority; local constitutional amendment continued 4530 Chatham County; board of commissioners; county manager 5516 Chatham County; board of commissioners; meetings; budgets; finance committee 5484 Chatham County; board of public education; retirement system; benefit increases; local constitutional amendment continued 4515 Chatham County; board of tax assessors; merger; chief tax assessor for county; local constitutional amendment continued 4485 Chatham County; magistrate court; appointment of additional magistrates 4805 Chatham County; magistrate court; law library fees 4222 Chatham County; officers and officials; compensation 4087 Chatham County; recorder's court; chief judge; senior judge 5156 Chatham County; redevelopment powers; referendum 4801 Chatham County; school system; local constitutional amendment continued 4607 Chatham County Law Enforcement and Jails Study Commission; creation 5009 Chattahoochee County; staggered motor vehicle registration periods 4089 Chattooga County; board of education; election; local constitutional amendment continued 3821 Chattooga County; state court; judge and solicitor; compensation; secretary 4503 Chattooga County; tax commissioner; fees for collection of school taxes; local constitutional amendment continued 3819 Cherokee County; board of education; local constitutional amendment continued 3572 Cherokee County; fire protection districts; sewerage districts; local constitutional amendment continued 3568 Cherokee County; staggered motor vehicle registration periods 4197 Cherokee County Airport Authority; local constitutional amendment continued 3570 Cherokee County Development Authority; local constitutional amendment continued 3566 Clarke County; merit system; local constitutional amendment continued 3633 Clarke County; staggered motor vehicle registration periods; referendum 4279 Clarke County; superior court; judges; salary supplement 3780 Clarke County; taxes other than ad valorem property taxes; local constitutional amendment continued 3631

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Clarke County; water, sanitation, sewerage, and fire protection districts; local constitutional amendment continued 3635 Clay County; port and terminal facilities; local constitutional amendment continued 5284 Clay County Development Authority; local constitutional amendment continued 5286 Clayton County; board of commissioners; compensation 5252 Clayton County; board of education; compensation 5416 Clayton County; civil service board; compensation 5257 Clayton County; judge of the probate court; compensation 5246 Clayton County; sheriff; clerk of the superior court; deputy clerk; compensation 5255 Clayton County; state court; judge; solicitor; deputy clerk; compensation 5249 Clayton County; tax commissioner; deputy tax commission; compensation 5259 Clayton County Tourism Authority; creation 5070 Clayton County Water Authority; compensation 5488 Clinch County; board of education; elections; successors 5240 Clinch County; board of education; school superintendent; local constitutional amendment continued 4536 Clinch County; conveyance of state property 697 Clinch County; magistrate court; law library fees 5133 Clinch County Development Authority; local constitutional amendment continued 4534 Cobb County; board of commissioners; compensation 4955 Cobb County; chief deputy sheriff; chief investigator; compensation 3860 Cobb County; district attorney; assistant district attorneys; compensation 5354 Cobb County; juvenile court; judge; compensation 4910 Cobb County; probate court; judge and clerk; compensation 4775 Cobb County; sheriff; executive secretary 3863 Cobb County; state court; clerk and chief deputy clerk; compensation 4971 Cobb County; state court; judges; compensation 4814 Cobb County; state court; second division; judges; compensation; retirement 4798 Cobb County; state court; solicitor; chief assistant and assistant solicitors; compensation 4826 Cobb County; superior court; additional judge 410 Cobb County; superior court; deputy clerk; compensation 4593 Cobb County; superior court; judges; salary supplement 4766 Cobb County; tax commissioner; chief clerk; compensation 4482 Coffee County; Douglas-Coffee Industrial Authority; local constitutional amendment continued 3554 Colquitt County; staggered motor vehicle registration periods 5262 Colquitt County; superior court; judges; salary supplement 3983 Columbia County; board of education; elections; referendum 4270 Columbia County; homestead exemption from school district taxation; referendum 4267 Columbia County; superior court; judges; salary supplement 4976 Cook County; board of commissioners; compensation 5150 Coweta County; staggered motor vehicle registration periods 4429 Crisp County; school system; merger; local constitutional amendment continued 3552 Crisp County-Cordele Industrial Development Authority; local constitutional amendment continued 3548 Decatur County; board of education; compensation; expense allowance 4091 Decatur County; state court; judge; solicitor; compensation 4093

Page XLI

DeKalb County; ad valorem property tax exemption for certain improvements to real property; local constitutional amendment continued 3792 DeKalb County; board of education; compensation 4538 DeKalb County; board of education; temporary loans; local constitutional amendment continued 4118 DeKalb County; chief executive officer; board of commissioners; compensation 5013 DeKalb County; Flat Shoals Parkway designated 724 DeKalb County; form of government; local constitutional amendment continued 4817 DeKalb County; judge of the probate court; clerk of the superior court; compensation 4540 DeKalb County; state court; additional assistant solicitors 5242 DeKalb County; state court; additional judge 5449 DeKalb County; superior court; judges; supplement 3989 DeKalb County; tax commissioner; board of commissioners; coroner; compensation 4542 DeKalb County Airport Authority; abolished 4550 DeKalb County Government Study Commission; creation 691 DeKalb County Pension Board; contributions 5511 Dodge County; chief magistrate; election 4796 Dooly County Industrial Development Authority; local constitutional amendment continued 3514 Dougherty County; board of commissioners; compensation 5228 Dougherty County; board of education; composition; elections; districts; compensation; referendum 3843 Dougherty County; Chehaw Park Authority 5146 Dougherty County; garbage collection franchises; local constitutional amendment continued 3833 Dougherty County; school system; merger; local constitutional amendment continued 3831 Dougherty County; sewage system; local constitutional amendment continued 3839 , 3841 Dougherty County; state court; costs; fees 5238 Dougherty County; tax collection and assessment; local constitutional amendment continued 3835 Douglas County; board of education; elections; local constitutional amendment continued 3645 Douglas County; bonds for road purposes; local constitutional amendment continued 3655 Douglas County; business licenses; ordinances; local constitutional amendment continued 3647 Douglas County; civil service system; local constitutional amendment continued 3649 Douglas County; Douglasville-Douglas County Stadium Authority; local constitutional amendment continued 3643 Douglas County; Douglasville-Douglas County Water and Sewer Authority; new members; liens 4844 Douglas County; recall of county officers and members of the board of education; local constitutional amendment continued 3653 Douglas County; superior court terms 2 Douglas County; water, sanitation, sewerage, and fire protection districts; local constitutional amendment continued 3651

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Echols County; judge of the probate court to serve as judge of the County Court of Echols County; local constitutional amendment continued 3829 Echols County; superior court; judges; salary supplement 3983 Echols County Development Authority; local constitutional amendment continued 3827 Effingham County; board of education; membership; elections; terms; compensation; districts; referendum 4596 Effingham County; state court; judge; salary 4250 Effingham County; state court; solicitor; salary 4252 Elbert County; superior court; judges; salary supplements 5479 Emanuel County; board of elections; creation 4470 Evans County; board of education; composition; elections; compensation; referendum 4782 Fannin County; board of commissioners; elections; terms 4988 Fannin County; board of education; school superintendent; nonpartisan elections; referendum 5494 Fannin County; transfer of Georgia Forestry Commission structure 674 Fayette County; board of commissioners; compensation; expenses 4409 Fayette County; board of education; election; local constitutional amendment continued 3736 Fayette County; clerk of the superior court; compensation 4404 Fayette County; judge of the probate court; compensation 4414 Fayette County; magistrates; elections 4406 Fayette County; sheriff; compensation 4412 Fayette County; staggered motor vehicle registration periods 4020 Fayette County; superior court; additional judge 279 Fayette County; tax commissioner; compensation 4417 Fayette County Industrial Building Authority Act of 1962; repealed 5530 Fayette County Water Authority; creation 4026 Floyd County; board of education; districts; school superintendent; local constitutional amendment continued 3518 Floyd County; board of education; temporary loans; local constitutional amendment continued 4118 Floyd County; clerk of the superior court; judge of the probate court; compensation; supplements 5275 Floyd County; juvenile court; judge; local constitutional amendment continued 3520 Floyd County; schools beyond the twelfth grade; area schools; local constitutional amendment continued 3516 Floyd County; tax commissioner; compensation; supplement 5130 Floyd County; Unified Rome-Floyd County School System; creation; referendum 4994 Forsyth County; board of registrations and elections; creation 5381 Franklin County; commissioner; advisory board; meeting dates; compensation 4364 Franklin County; superior court; judges; salary supplements 5479 Franklin County; transfer of Georgia Forestry Commission structures 728 Franklin County Industrial Building Authority; local constitutional amendment continued 3582 Fulton County; board of education; temporary loans; local constitutional amendment continued 4118 Fulton County; community improvement districts; creation 5460 Fulton County; homestead exemption; residents 70 or older or disabled; referendum 4132

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Fulton County; retirement and pension fund for county and school system employees; local constitutional amendment continued 3703 Gilmer County; Ellijay-Gilmer County Water and Sewerage Authority; creation 5424 Gilmer County; sheriff; deputies; personnel; equipment; automobiles 4777 Glascock County; board of commissioners; clerk; compensation; bond; contracts 5281 Glascock County; board of education; election; local constitutional amendment continued 3807 Glascock County; chief deputy sheriff; deputy sheriffs; compensation 5128 Glascock County Industrial Development Authority; local constitutional amendment continued 3809 Glynn County; ad valorem taxation; homesteads of residents 62 or older or disabled; local constitutional amendment continued 3728 Glynn County and municipalities therein; ad valorem tax; goods in transit; local constitutional amendment continued 3614 Glynn County; board of commissioners; expense allowance 4908 Glynn County; Brunswick and Glynn County Development Authority; local constitutional amendment continued 3659 Glynn County; Brunswick and Glynn County Development Authority; membership 5391 Glynn County; business licenses in unincorporated areas; local constitutional amendment continued 3612 Glynn County; distilled spirits and alcoholic beverages; sales by the drink; hours; local constitutional amendment continued 3616 Glynn County; homestead exemption; taxes for educational purposes; local constitutional amendment continued 3610 Glynn County; magistrate, state, and superior court jurisdiction; ordinance violations; Jekyll Island-State Park Authority 1117 Glynn County; superior court; additional judge 1145 Greene County; school superintendent; appointment; referendum 4973 Gwinnett County; board of commissioners; compensation; expenses 4854 Gwinnett County; board of commissioners; county-wide recreation taxing district; referendum 5543 Gwinnett County; board of commissioners; meetings 5557 Gwinnett County; merit system; unclassified service 5388 Gwinnett County; recorder's court 3765 Gwinnett County; state court; additional judge; chief judge 5457 Gwinnett County; superior court; additional judge 331 Habersham County; state court; judge and solicitor; compensation; practice of law 5330 Habersham County; state court; solicitors pro tempore 4980 Habersham County; state court; terms; jury panels 4978 Hall County; board of elections; creation 4245 Hall County; fire prevention districts; local constitutional amendment continued 3661 Hall County; state court; terms 4773 Hall County; superior court; terms 296 Hancock County; board of commissioners; chairman; compensation 4891 Hancock County; board of education; election; local constitutional amendment continued 3732 Hancock County; superior court; terms 294 Haralson County; clerk of the superior court placed on an annual salary 3503 Haralson County; commissioner; compensation 3506

Page XLIV

Haralson County; superior court; terms 37 Harris County; coroner; salary 4306 Hart County; superior court; judges; salary supplements 5479 Heard County; magistrate court; chief magistrate; compensation 4395 Heard County; tax commissioner; chief deputy; deputies, clerks, assistants, and employees; vacancies 4254 Henry County; board of commissioners; compensation 4462 Henry County; board of commissioners; qualifications 4464 Houston County; magistrate court; law library fees 5412 Houston County; state court; costs in civil cases 5414 Irwin County; Ocilla-Irwin County Industrial Development Authority; local constitutional amendment continued 3817 Jeff Davis County and political subdivisions therein; taxation of capital improvements of new industries; local constitutional amendment continued 5265 Jeff Davis County; superior court; additional judge 1145 Jefferson County; coroner authorized to hold office in City of Louisville 4460 Jefferson County; magistrate court; law library fees 4274 Jenkins County; board of education; compensation and expenses 3584 Jenkins County Development Authority; local constitutional amendment continued 3798 Jones County; employees; publication of name, department, and salary 4308 Jones County; magistrate court; judge of the probate court as chief magistrate; compensation; magistrates and personnel 3700 Lamar County; board of commissioners; size of board; districts; elections; special election 3752 Lamar County; board of education; elections; districts; vacancies; referendum 3740 Lamar County; City of Barnesville and County of Lamar Development Authority; local constitutional amendment continued 3730 Lamar County; county manager; office created 4399 Laurens County; board of education; election; local constitutional amendment continued 4521 Laurens County; bonds; educational facilities beyond the twelfth grade; local constitutional amendment continued 4523 Laurens County; City of Dublin and County of Laurens Development Authority; local constitutional amendment continued 4525 Laurens County; county administrator; office created 5552 Lee County; business license fees and occupational taxes; local constitutional amendment continued 3698 Lee County; staggered motor vehicle registration periods 4403 Lowndes County; school superintendent; appointment; referendum 4124 Lowndes County; superior court; judges; salary supplement 3983 Lowndes County; Valdosta-Lowndes County Airport Authority; creation 4495 Lumpkin County; school superintendent; appointment; referendum 3586 Madison County; superior court; judges; salary supplements 5479 McDuffie County; board of commissioners; chairman; compensation 4304 McDuffie County; board of education; school superintendent; local constitutional amendment continued 3604 McIntosh County; bonded indebtedness for educational purposes; local constitutional amendment continued 3657 Meriwether County; board of commissioners; compensation 4259 Meriwether County; board of commissioners; compensation; expenses 4261

Page XLV

Mitchell County; school superintendent; appointment; referendum 3508 Monroe County; board of commissioners; elections; terms; districts; officers 5334 Monroe County; homestead exemption; local constitutional amendment continued 3823 Morgan County; tax for promoting industries; local constitutional amendment continued 3560 Morgan County Development Authority; local constitutional amendment continued 3705 Murray County; board of education; elections; districts; residency 3625 Murray County; board of education; local constitutional amendment continued 3623 Muscogee County; board of education; composition; elections; referendum 4753 Muscogee County; chief magistrate; compensation 4427 Muscogee County; judge of the probate court; salary 4963 Muscogee County; state court; additional judge and assistant solicitor; compensation 4423 Newton County; board of commissioners; expense allowances 5358 Oconee County; Oconee County Industrial Development Authority; local constitutional amendment continued 5501 Oconee County; school superintendent; appointment; referendum 4441 Oconee County; superior court; judges; salary supplement 3780 Oconee County Industrial Building Authority; local constitutional amendment continued 3562 Oglethorpe County; board of commissioners; district 1 4122 Oglethorpe County; board of education; school superintendent; local constitutional amendment continued 3620 Oglethorpe County; superior court; judges; salary supplement 5479 Oglethorpe County; tax commissioner; annual salary in lieu of fees 4107 Paulding County; board of commissioners; compensation 5236 Paulding County; civil service system; local constitutional amendment continued 3578 Paulding County; coroner; compensation 5221 Paulding County; courthouse; local constitutional amendment continued 3722 Paulding County; fire protection districts; local constitutional amendment continued 3724 Paulding County; superior court; terms 37 Paulding County Industrial Building Authority; local constitutional amendment continued 3576 Peach County; board of education; building funds; local constitutional amendment continued 3663 Peach County; board of education; grants for educating handicapped citizens; local constitutional amendment continued 3665 Peach County; redevelopment powers; referendum 5397 Peach County; tax for Peach County Industrial Development Authority; local constitutional amendment continued 3667 Pickens County; board of education; local constitutional amendment continued 3574 Pierce County; board of commissioners; expense allowances 4024 Pierce County; tax commissioner; office created 4849 Pierce County Industrial Development and Building Authority; local constitutional amendment continued 3786 Pike County; ad valorem tax returns; local constitutional amendment continued 4829 Pike County; superior court; additional judge 279 Pike County Water and Sewerage Authority; creation 4180 Polk County; board of commissioners; compensation 4969

Page XLVI

Polk County; superior court; terms 37 Polk County; tax commissioner; compensation 4967 Pulaski County; board of education; elections; local constitutional amendment continued 3618 Pulaski County; board of education; elections; referendum 4241 Pulaski County; school superintendent; appointment; referendum 4263 Putnam County; board of commissioners; mileage allowance 4819 Putnam County; tax collector; compensation; local constitutional amendment continued 3715 Quitman County; board of commissioners; clerk; duties 4172 Quitman County; treasurer; office abolished 4168 Quitman County; treasurer; salary repealed 4170 Richmond County; board of education; compensation 5101 Richmond County; county officials; compensation 5361 Richmond County; local taxing jurisdictions; discounts for early payment of ad valorem taxes; local constitutional amendment continued 3788 Richmond County; Oak Ridge Water and Sewerage Authority; creation 4310 Rockdale County; board of commissioners; meetings 5539 Rockdale County; Conyers-Rockdale-Big Haynes Impoundment Authority; creation 5053 Rockdale County; state court; creation 5452 Schley County; board of commissioners; elections; districts; compensation 5490 Schley County; board of education; elections; districts; vacancies; qualifications 4792 Spalding County; board of commissioners; compensation 4293 Spalding County; board of elections; creation 4432 Spalding County; business licenses in unincorporated areas; local constitutional amendment continued 3693 Spalding County; chief magistrate; compensation 4430 Spalding County; educational facilities beyond the twelfth grade; bonds; local constitutional amendment continued 3537 Spalding County; fire protection districts; local constitutional amendment continued 3691 Spalding County; Griffin-Spalding County School System; local constitutional amendment continued 3545 Spalding County; ordinances; local constitutional amendment continued 3689 Spalding County; roads; assessment of costs; local constitutional amendment continued 3543 Spalding County; sales and use tax; bonds; local constitutional amendment continued 3696 Spalding County; state court; judge and solicitor 4527 Spalding County; superior court; additional judge 279 Spalding County; tax commissioner; compensation 4239 Spalding County; temporary loans; local constitutional amendment continued 3539 Spalding County; water districts; local constitutional amendment continued 3541 Stephens County; school superintendent; appointment; vacancies; referendum 4224 Sumter County; Americus-Sumter Payroll Development Authority; local constitutional amendment continued 3550 , 5506 , 5575 Taliaferro County; board of commissioners; chairman; road superintendent 4507 Taylor County; board of commissioners; districts 4831 Taylor County; chief magistrate; judge of the probate court; constable 3991 Thomas County; superior court; judges; salary supplement 3983

Page XLVII

Tift County; board of education; school superintendent; local constitutional amendment continued 3531 Tift County Development Authority; creation; local constitutional amendment continued 3533 Tift County Development Authority; tax; local constitutional amendment continued 3535 Toombs County; board of education; elections; composition; districts; terms; compensation 5121 Towns County; commissioner; compensation 4804 Troup County; board of education; compensation 4205 Troup County; board of elections and registration; creation 5216 Troup County; business license fees; local constitutional amendment continued 3782 Troup County Development Authority; local constitutional amendment continued 3594 Turner County Development Authority; local constitutional amendment continued 5007 Upson County; board of education; temporary additional member 5225 Upson County; superior court; additional judge 279 Walker County; clerk of the superior court; personnel; compensation 4295 Walker County; coroner; compensation 4397 Walker County; probate court; personnel; compensation 4298 Walker County; state court; secretary 5111 Walker County; tax commissioner; personnel; compensation 4300 Walton County; school district; local constitutional amendment continued 3794 Ware County; state court; judge and solicitor; compensation 4302 Wayne County; board of education; election; local constitutional amendment continued 3802 Wayne County; county administrator; local constitutional amendment continued 3804 Wayne County; superior court; additional judge 1145 Wayne County Industrial Development Authority; local constitutional amendment continued 3805 White County; board of commissioners; re-creation; referendum 5441 Whitfield County; board of education; school superintendent; elections; local constitutional amendment continued 3707 Whitfield County; coroner; compensation; deputy coroners 4840 Whitfield County; homestead exemption; local constitutional amendment continued 3711 Wilcox County; board of education; election; local constitutional amendment continued 3580 Wilkes County; Washington Wilkes Payroll Development Authority; local constitutional amendment continued 3606 Wilkinson County; superior court; terms 295 Worth County; board of commissioners; chairman; compensation 4512 Worth County; staggered motor vehicle registration periods 4509 Worth County Development Authority; local constitutional amendment continued 3800 COUNTIES AND COUNTY MATTERS BY POPULATION 17,510-17,560, counties of; coroners; salary; Act repealed 316 100,000, more than, in metropolitan statistical areas of not less than 200,000 nor more than 230,000; county probation systems 1319

Page XLVIII

150,000 or more; probate court clerk exercising jurisdiction of judge in uncontested matters 524 150,000, more than; judges of the probate courts; eligibility requirements 406 150,000, more than; probate courts; concurrent jurisdiction with superior courts 912 160,000 or more; alcoholic beverages; sales on Sunday 381 550,000 or more; boards of commissioners; compensation 173 550,000 or more; county boards of health 169 550,000 or more; county building authorities 1491 550,000 or more; lease of airport property 631 550,000 or more; probation system; former employees; health insurance 1005 550,000 or more; public works contracts; lowest responsible bidder 166 550,000 or more; volunteer legal service agencies; fees 282 COUNTY MATTERSHOME RULE AMENDMENTS Bulloch County; board of commissioners; clerk, deputy clerk, and clerical assistant; compensation 5533 Chatham County; board of commissioners; county manager 5516 DeKalb County Pension Board; contributions 5511 Fayette County Industrial Building Authority Act of 1962; repealed 5530 Gwinnett County; board of commissioners; county-wide recreation taxing district; referendum 5543 Gwinnett County; board of commissioners; meetings 5557 Laurens County; county administrator; office created 5552 Oconee County Industrial Development Authority; local constitutional amendment continued 5501 Rockdale County; board of commissioners; meetings 5539 Sumter County; Americus-Sumter Payroll Development Authority; local constitutional amendment continued 5506 MUNICIPAL CORPORATIONS NAMED CITIES Albany; bonds; waterworks; local constitutional amendment continued 3837 Albany; Chehaw Park Authority 5146 Albany; city manager; resolution of disputes 5627 Albany; police and fire personnel; special hearings and appeals abolished 5617 Albany; public improvements; assessment of costs 5647 Albany; sanitary sewer costs 5624 Albany; school system; merger; local constitutional amendment continued 3831 Albany; sewage system; local constitutional amendment continued 3839 , 3841 Americus-Sumter Payroll Development Authority; local constitutional amendment continued 3550 , 5506 , 5575 Aragon; council members; compensation 5565 Aragon; mayor; compensation 5593 Athens; Downtown Athens Development Authority; local constitutional amendment continued 3825 Athens; taxes other than ad valorem property taxes; local constitutional amendment continued 3631 Atlanta; lease of state owned property 276

Page XLIX

Atlanta; urban enterprise zones 4789 Auburn; homestead exemption; local constitutional amendment continued 5263 Austell; corporate limits 5290 Ball Ground; corporate limits 5115 Barnesville; City of Barnesville and County of Lamar Development Authority; local constitutional amendment continued 3730 Barnesville; new charter 3865 Baxley; corporate limits; referendum 5015 Bloomingdale; corporate limits 4904 Blue Ridge; conveyance of state owned property 736 Bogart; mayor, mayor pro-tem, and council; salaries 5650 Brunswick; ad valorem tax; goods in transit; local constitutional amendment continued 3614 Brunswick; Downtown Brunswick; district; taxes; local constitutional amendment continued 3719 Brunswick; exchange of city property for state owned property 698 Brunswick and Glynn County Development Authority; local constitutional amendment continued 3659 Brunswick and Glynn County Development Authority; membership; appointment; terms; qualifications 5391 Byron; corporate limits 4438 Byron; mayor and aldermen; salary 5620 Byron; redevelopment powers; referendum 5394 Calhoun; appropriations to HAND UP, INC.; local constitutional amendment continued 3590 Camilla; mayor and councilmen; compensation 3773 Canton; Cherokee County; board of education; local constitutional amendment continued 3572 Carrollton; homestead exemption; local constitutional amendment continued 5154 Cochran; Bleckley-Cochran Industrial Development Authority; local constitutional amendment continued 3558 Cochran; city council; powers; closing streets; easements; disposal of property 4554 Colbert; mayor; terms; referendum 4475 College Park Business and Industrial Development Authority; local constitutional amendment continued 3713 Columbus, Georgia; municipal court; clerk; marshal; compensation; fees and costs 4281 Conyers-Rockdale-Big Haynes Impoundment Authority; creation 5053 Cordele; Crisp County-Cordele Industrial Development Authority; local constitutional amendment continued 3548 Cordele; school system; merger; local constitutional amendment continued 3552 Cordele Office Building Authority; local constitutional amendment continued 4532 Cordele Office Building Authority; purposes 5158 Culloden; city council; mayor; elections; districts 4478 Cumming; water and sewer service area boundaries; intergovernmental contracts 5418 Cuthbert; street closure 3501 Dallas; City of Dallas Parking Authority; local constitutional amendment continued 3726 Dallas; corporate limits 4203 Dallas; mayor; term 4201

Page L

Dalton; homestead exemption; residents 62 or older; local constitutional amendment continued 3709 Dalton; Urban Area Planning Commission; creation 5596 Danville; mayor and council; salaries 5614 Dearing; mayor and council; terms 4195 Decatur; board of education; terms 4895 Decatur; bonds; offstreet parking; local constitutional amendment continued 3790 Decatur; commissioners; elections; terms 5364 Decatur; corporate limits 4812 Doerun; bonds; local constitutional amendment continued 3717 Doraville; mayor; salary 5637 Douglas-Coffee County Industrial Authority; local constitutional amendment continued 3554 Douglasville-Douglas County Stadium Authority; local constitutional amendment continued 3643 Douglasville-Douglas County Water and Sewer Authority; new members; appointment; terms; liens 4844 Dublin; City of Dublin and County of Laurens Development Authority; local constitutional amendment continued 4525 Dublin; corporate limits 4810 Dublin; Downtown Dublin Development Authority; local constitutional amendment continued 4519 Dudley; tax to promote new industries; local constitutional amendment continued 4517 Duluth; new charter 3914 East Point; Department of the City Court of East Point; creation 5567 East Point; mayor and council; special elections; vacancies 5630 Ellijay-Gilmer County Water and Sewerage Authority; creation 5424 Eton; new charter 4689 Fitzgerald; tax for promoting industry; local constitutional amendment continued 3527 Fitzgerald and Ben Hill County Development Authority; local constitutional amendment continued 3529 Flovilla; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 Fort Gaines; port and terminal facilities; local constitutional amendment continued 5284 Fort Gaines; tax for promoting new industries; local constitutional amendment continued 5288 Fort Oglethorpe; Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; local constitutional amendment continued 3588 Fort Valley; redevelopment powers; referendum 5409 Gainesville; independent school district; homestead exemption; referendum 4209 Gainesville Redevelopment Authority; local constitutional amendment continued 3637 Griffin; board of commissioners; membership; districts; reapportionment 4231 Griffin-Spalding County School System; local constitutional amendment continued 3545 Hapeville Development Authority; local constitutional amendment continued 4961 Hogansville Development Authority; local constitutional amendment continued 3602 Holly Springs; corporate limits 4964 Iron City; new charter 4136

Page LI

Jackson; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 Jasper; City of Jasper Industrial Development Authority; local constitutional amendment continued 3564 Jenkinsburg; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 Jenkinsburg; new charter 4328 Kennesaw; candidates; qualifications 4780 Kennesaw; corporate limits 5299 LaGrange; bonded debt limit; waterworks; local constitutional amendment continued 3600 LaGrange; corporate limits 4721 LaGrange; Downtown LaGrange Development Authority; local constitutional amendment continued 3596 LaGrange Development Authority; local constitutional amendment continued 3512 Lake Park; corporate limits 5270 Lilburn; mayor and council; vacancies 4207 Linwood; elections; mayor and council; compensation; clerk, marshal, treasurer, police; judge of municipal court 3775 Louisville; coroner authorized to hold city office 4460 Macon-Bibb County Water and Sewerage Authority; executions on orders assessing civil penalties; liens 4824 Macon-Bibb County Water and Sewerage Authority; members; compensation; expenses 4821 Marietta; corporate limits 5272 Marietta; corporate limits; deannexation 4808 Marshallville; new charter 3993 Morrow; mayor and councilmen; terms; quorum; compensation 4983 Moultrie; corporate limits; voting by council members; meetings; appointments 5367 Mount Vernon; corporate limits 4768 Newnan; board of water, sewerage, and light commission; local constitutional amendment continued 3608 Newnan; new charter 5160 Newnan; water, sewerage, and light commissioners; terms of office 5662 Norcross; corporate limits 3906 Norcross; homestead exemption; persons 62 or older; local constitutional amendment continued 3641 Ocilla-Irwin County Industrial Development Authority; local constitutional amendment continued 3817 Oglethorpe; mayor and council; terms 4835 Peachtree City Water and Sewerage Authority; creation 5085 Perry; conveyance of state owned property 739 Perry; redevelopment powers; referendum 4115 Poulan; corporate limits 4510 Powder Springs; new charter 4043 Powder Springs Downtown Development Authority; local constitutional amendment continued 4199 Powder Springs Downtown Development Authority; membership; local constitutional amendment continued 4770 Powder Springs Downtown Development Authority; membership; terms; residency 4852

Page LII

Quitman; board of commissioners; composition; elections; terms; districts; referendum 5230 Quitman; school system; merger; local constitutional amendment continued 4544 Reidsville; council; posts; wards; elections 4419 Riverdale; corporate limits 5152 Rome; board of education; membership; qualifications; vacancies; elections; terms 4276 Rome; Unified Rome-Floyd County School System; creation; referendum 4994 Roswell; corporate limits 4127 Sale City; mayor and councilmen; vacancies 4220 Savannah; board of public education; retirement system; benefit increases; local constitutional amendment continued 4515 Savannah; board of tax assessors; merger; chief tax assessor for county; local constitutional amendment continued 4485 Savannah; conveyance of state owned property to the city 743 Savannah; redevelopment powers; referendum 4083 Savannah; school system; local constitutional amendment continued 4607 Sky Valley; homestead exemption; referendum 5113 Smyrna; mayor and councilmen; elections 4718 Snellville; corporate limits; deannexation 4842 Soperton; municipal court; contempt; punishment 4021 Statesboro; new charter 4557 St. Marys; corporate limits 5035 Sugar Hill; homestead exemption; local constitutional amendment continued 5279 Summerville; corporate limits 5223 Suwanee; new charter 4857 Thomasville; board of commissioners; creation; elections; districts 3680 Thomasville; board of education; composition; elections; districts 3673 Thomasville; city manager; powers and duties 5586 Thomasville; mayor and commissioners; compensation 5580 Thunderbolt; clerk and ex officio treasurer; office abolished 4213 Thunderbolt; mayor and aldermen; compensation 4218 Tifton; homestead exemption; referendum 4103 Tifton; municipal court; name; fines 4098 Trenton; new charter 4725 Tunnel Hill; new charter; referendum 4366 Tybee Island; state property; easement; fishing pier and pavilion 682 Tyrone; mayor pro tem; term; mayor and council; vacancies 5244 Valdosta; corporate limits 4609 Valdosta-Lowndes County Airport Authority; creation 4495 Vidalia; board of education; elections 4227 Warner Robins; mayor and council; composition; terms; oaths; vacancies; suspension; recall 4174 Warner Robins Development Authority; local constitutional amendment continued 3811 Washington Wilkes Payroll Development Authority; local constitutional amendment continued 3606 Waycross; board of education; elections; districts; terms; referendum 5135 Waycross; easement through state property 716 Waycross; mayor; office created; election; terms; powers; referendum 5105 Waycross; municipal court; contempt 5641 Waycross; tax to promote industry; local constitutional amendment continued 3639

Page LIII

West Point; bonds; flood protection; local constitutional amendment continued 3784 West Point; Downtown West Point Development Authority; local constitutional amendment continued 3592 West Point Development Authority; local constitutional amendment continued 3598 White; mayor and aldermen; elections; terms; vacancies 4552 Willacoochee; mayor and aldermen; terms; qualifications 4361 Winder; Barrow County School System; local constitutional amendment continued 3523 Winder; corporate powers; mayor and council; elections; terms; wards 4897 Woodstock; mayor; term; limit on terms 4837 MUNICIPALITIES BY POPULATION 5,000 or less; mayors simultaneously serving as coroners 630 100,000 or more; removal of improperly parked vehicles 1442 160,000 or more, municipalities in counties of; alcoholic beverage sales on Sunday 381 300,000, more than; traffic courts; senior judges 167 400,000, not less than; contracts; downtown development areas; urban redevelopment areas 175 400,000, not less than; contracts not exceeding 50 years 275 400,000 or more; Urban Residential Finance Authorities Act For Large Municipalities 150 550,000 or more, counties of; lease of airport property 631 MUNICIPALITIESHOME RULE AMENDMENTS Albany; city manager; resolution of disputes 5627 Albany; police and fire personnel; special hearings and appeals abolished 5617 Albany; public improvements; assessment of costs 5647 Albany; sanitary sewer costs 5624 Americus-Sumter Payroll Development Authority; local constitutional amendment continued 5575 Aragon; council members; compensation 5565 Aragon; mayor; compensation 5593 Bogart; mayor, mayor pro-tem, and council; salaries 5650 Byron; mayor and aldermen; salary 5620 Dalton; Urban Area Planning Commission; creation 5596 Danville; mayor and council; salaries 5614 Doraville; mayor; salary 5637 East Point; Department of the City Court of East Point; creation 5567 East Point; mayor and council; special elections; vacancies 5630 Newnan; water, sewerage, and light commissioners; terms of office 5662 Thomasville; city manager; powers and duties 5586 Thomasville; mayor and commissioners; compensation 5580 Waycross; municipal court; contempt 5641 RESOLUTIONS AUTHORIZING COMPENSATION Fitzgerald, Mr. Bryan Todd 733 Hodges, Mr. Ray R. 705 Mobley, Mr. Matthew Paul 706

Page LIV

Palmer, Mr. Mickey 707 Persons, Ms. Allene 709 Reid, Mrs. Frans on behalf of Loverne Terrell Matlock 735 Wells, Jr., Mr. Dorlan Patrick 725 Wilder, Mr. William E. 734 Wray, Mr. Thomas Dowden 710 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS Atlanta; lease of state owned property 276 Baldwin County Home for Elderly, Inc.; conveyance of state property 695 Banks, O. O. and Marguerite Wright; easement across state property 702 Blue Ridge, City of; conveyance of state owned property 736 Brunswick, City of; exchange of city property for state owned property 698 Calhoun County Board of Commissioners; conveyance of Georgia Forestry Commission structure 728 Clinch County; conveyance of structure owned by the Georgia Forestry Commission to the board of commissioners 697 Fannin County Board of Commissioners; transfer of Georgia Forestry Commission structure 674 First Presbyterian Church of Milledgeville; lease of state owned real property 714 Franklin County Board of Commissioners; transfer of Georgia Forestry Commission structures 728 Georgia Power Company; conveyance of state property in Taliaferro County 688 Johns Timber Company; conveyance of state owned property 736 Perry; conveyance of state owned property to the city 739 Piedmont Automotive Products, Inc.; conveyance of state owned property 730 Pulaski Development Company, Inc.; conveyance of state owned property 672 Savannah, City of; conveyance of state owned property to the city 743 Tennessee Valley Railroad Museum; conveyance of state owned property 730 Tri-State Steel Drum Company, Inc.; transfer of state property 686 Tybee Island, City of; easement; fishing pier and pavilion 682 Waycross, City of; easement 716 MISCELLANEOUS RESOLUTIONS A.L. Al Burruss Correctional Training Center; designation 723 Allen, J.R., Parkway; designated 677 Bradley, C.W., Bridge; designated 693 Chance, Homer, Highway; designated 681 DeKalb County Government Study Commission; creation 691 Evans, Jr., Honorable Randall; portrait placed in state capitol 726 Flat Shoals Parkway designated 724 Governor's Task Force on Adult Literacy; creation 678 Hazardous Materials Emergency Response Advisory Council; re-creation 711 Knobbed whelk; designation as the official state seashell 1130 L.L. (Pete) Phillips Conference Center designated 704 Metropolitan Atlanta Rapid Transit Overview Committee; membership 670 Napier, Honorable Viola Ross; portrait placed in state capitol 669 Scott, Joel E., Building designated at the Georgia War Veterans Nursing Home 742 Smith, Joseph Wilson, Bridge designated 676

Page LV

INDEX A ABORTION Parental Notification Act; enactment 1013 ABUSE OF GOVERNMENTAL OFFICE Solicitation or acceptance of funds or equipment by law enforcement officers authorized; conditions 906 ACTS Repeal, repeal and reenactment, or amendment of criminal laws; effect on prosecution 260 ADMINISTRATIVE PROCEDURE Buying services 1347 ADOPTION Mother's affidavit regarding putative father; stepparent adoptions 992 AD VALOREM TAXES Agricultural real property 286 Public utilities and airlines; failure to file timely tax returns; penalties; notice 977 State Board of Equalization; time allowed for notifying taxpayers of proposed assessments 485 Tax executions; costs of advertisements 1049 Tax executions; reduction to judgment; local taxes 665 ADVERTISEMENTS Distilled spirits; licensed retail dealers; signs; trade names 623 Tax executions; costs 1049 ADVISORY BOARD ON ANATOMICAL GIFT PROCUREMENT Creation 1101 AGGRAVATED CHILD MOLESTATION Definition; penalty 617 AGNES SCOTT COLLEGE Motor vehicle license plates 339

Page LVI

AGRICULTURE Ad valorem taxes; preferential assessment; penalties; change of ownership 286 Code revision 3 Commercial feed 3 Donations of food; limitation of liability 832 Georgia Agrirama Development Authority; state employee's health insurance; coverage 662 Poultry; control and prevention of diseases; movement of poultry regulated 525 Rural Economic Development Law 1142 Strategic state-wide rural economic development plan 345 AGRIRAMA DEVELOPMENT AUTHORITY, GEORGIA State employees' health insurance; coverage 662 AID TO FAMILIES WITH DEPENDENT CHILDREN Benefits; disregarded income 1435 AIRLINES Failure to file a timely tax return; penalties 977 ALABAMA Nonresident commercial fishing license fees 663 ALBANY, CITY OF Bonds; waterworks; local constitutional amendment continued 3837 Chehaw Park Authority 5146 City manager; resolution of disputes 5627 Police and fire personnel; special hearings and appeals abolished 5617 Public improvements; assessment of costs 5647 Sanitary sewer costs 5624 School system; merger; local constitutional amendment continued 3831 Sewage system; local constitutional amendment continued 3839 Sewage system; local constitutional amendment continued 3841 ALCOHOLIC BEVERAGES Alcoholic persons; treatment; effective date of laws 797 Code revision 3 Distilled spirits; licensed retail dealers; signs; trade names 623 Distilled spirits; municipal licenses; county-wide referendums; restriction on date repealed 913 Driving under the influence; reports of law enforcement officers; periods of suspension 1489 Driving under the influence; violations of federal law, local ordinances, or current or prior laws of this state or other states 904 Jail inmates; possession 611

Page LVII

Lake Lanier Islands Development Authority 445 Malt beverages and wine containing less than one-half of 1 percent alcohol; tax exemption 562 Municipal licenses; county-wide referendums; date restriction repealed 913 Selling or furnishing to minors; municipal court jurisdiction 1462 Sunday sales in counties of 160,000 or more and in municipalities in such counties 381 ALIENS Administrators of estates 539 ALIMONY Enforcement and collection procedures 186 ALLEN, J.R., PARKWAY 677 AMBULANCES State operated; insurance 542 AMBULATORY SURGICAL CENTERS Review of professional practices 1494 AMERICUS, CITY OF Americus-Sumter Payroll Development Authority; local constitutional amendment continued 3550 , 5506 , 5575 AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3550 , 5506 , 5575 ANATOMICAL GIFTS Organ procurement agencies; preferences; Advisory Board on Anatomical Gift Procurement 1101 ANIMALS Fox; trapping, selling, purchasing, and breeding; commercial fox hunting preserves 469 Poultry; control and prevention of diseases; movement of poultry regulated 525

Page LVIII

APPEAL AND ERROR Magistrate courts; appeals lacking substantial justification; costs and expenses 397 Magistrate courts; appeal to superior or state courts 1009 Waiver of insufficiency of findings of fact and conclusions of law as ground for appeal 1057 Workers' compensation; time limits 806 APPLING COUNTY Board of education; election; local constitutional amendment continued 3738 Superior court; additional judge 1145 APPROPRIATIONS Department of Labor; supplemental appropriations; unemployment trust fund 481 Hospital care for nonresident indigents 1494 State Children's Trust Fund 1133 S.F.Y. 1987-88 1497 Supplemental for S.F.Y. 1986-87 38 Supplemental for S.F.Y. 1986-87 1300 ARAGON, CITY OF Council members; compensation 5565 Mayor; compensation 5593 AREA PLANNING AND DEVELOPMENT COMMISSIONS Rural Economic Development Law 1142 ARSON Arson investigators; witness fees 404 ART IN STATE BUILDINGS PROGRAM Creation; budget; rights of artists; reports 891 ARTS Cultural facilities; nuisances 999 ASBESTOS License exemptions under the Georgia Asbestos Safety Act 964 ATHENS, CITY OF Taxes other than ad valorem property taxes; local constitutional amendment continued 3631

Page LIX

Downtown Athens Development Authority; local constitutional amendment continued 3825 ATLANTA, CITY OF Lease of state owned property 276 Urban enterprise zones 4789 ATTORNEYS Guardianship hearings; fees 401 AUBURN, TOWN OF Homestead exemption; local constitutional amendment continued 5263 AUCTIONEERS Registration of companies; licenses; fees; regulation by local governments 596 AUDIOLOGY Regulation 1072 AUDITS General Assembly 1046 Local governments having expenditures of less than $100,000.00 349 AUGUSTA COLLEGE Motor vehicle license plates 658 AUGUSTA JUDICIAL CIRCUIT Judges; salary supplement; Burke County 4893 Judges; salary supplement; Columbia County 4976 Terms; Burke County 250 AUSTELL, CITY OF Corporate limits 5290 AUTHORITIES State authorities; insurance and self-insurance against liability 176 AVIATION Airlines; failure to file a timely tax return; penalties 977 Lease of airport property in counties of 550,000 or more; taxable estate for years 631

Page LX

B BACON COUNTY Bacon Industrial Building Authority; local constitutional amendment continued 3815 Board of commissioners; compensation; expenses; per diem 5118 Tax for promoting new industry; local constitutional amendment continued 3813 BACON INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 3815 BAD CHECKS Damages; service charges; form of notice of a demand; venue 817 Extension of additional credit or written waiver of lien rights as present consideration 983 Magistrate courts; jurisdiction 1032 BAIL Uninsured motorists; deposit of drivers' licenses 542 BALDWIN COUNTY HOME FOR ELDERLY, INC. Conveyance of state property 695 BALL GROUND, CITY OF Corporate limits 5115 BANKING AND FINANCE Bad checks; damages; service charges; form of notice; venue 817 Bad checks; magistrate courts; jurisdiction 1032 Bad checks; present consideration 983 Business Development Corporations; duration; loans; calls 1059 Code revision 3 Credit Card and Credit Card Bank Act 268 Credit repair services organization; operation prohibited 1413 Group life insurance; maximum coverage for debtors 1333 Judicial process; costs of financial institutions in complying with requests for production of documents 805 Notices; registration; financial services; stock; branch offices; initial directors; bank holding companies; credit unions 1586 Post-judgment interest; automatic applicability 352 Public depositories; public funds; surety bond and pledged securities; amount 905 Public depositories; securing deposits of public funds; calculation of amount of security 1334 Regional interstate banking; Maryland and the District of Columbia 251 Savings and loan associations; building and loan associations 1586

Page LXI

BANKS COUNTY Banks County Industrial Building Authority; local constitutional amendment continued 5277 BANKS COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 5277 BANKS, O.O. AND MARGUERITE WRIGHT Easement across state property 702 BARNESVILLE, CITY OF City of Barnesville and County of Lamar Development Authority; local constitutional amendment continued 3730 New charter 3865 BARROW COUNTY Barrow County Industrial Building Authority; local constitutional amendment continued 3525 Barrow County School System; creation; local constitutional amendment continued 3523 Barrow County Water and Sewerage Authority; creation 4444 Board of commissioners; composition; elections; districts; chairman; quorum 5018 BARROW COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 3525 BARROW COUNTY WATER AND SEWERAGE AUTHORITY Creation 4444 BARTOW COUNTY Board of education; election; local constitutional amendment continued 4466 Board of education; elections; terms; referendum 4915 School district; homestead exemption; referendum 5325 School superintendent; appointment; referendum 4912 BATTERY Defined; punishment; minimum sentences 1010 BAXLEY, CITY OF Corporate limits; referendum 5015

Page LXII

BEN HILL COUNTY Fitzgerald and Ben Hill County Development Authority; local constitutional amendment continued 3529 BIBB COUNTY Board of commissioners; lease of property 4287 Macon-Bibb County Water and Sewerage Authority; executions on orders assessing civil penalties; liens 4824 Macon-Bibb County Water and Sewerage Authority; members; compensation; expenses 4821 BLECKLEY COUNTY Bleckley-Cochran Industrial Development Authority; local constitutional amendment continued 3558 Board of education; elections; local constitutional amendment continued 3556 Board of education; nonpartisan elections; referendum 4111 Commissioner; compensation 3858 BLECKLEY-COCHRAN INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3558 BLOOD Donations to patients in hospitals or medical facilities 1091 BLOOMINGDALE, CITY OF Corporate limits 4904 BLUE RIDGE, CITY OF Conveyance of state owned property 736 BOARD OF CORRECTIONS Quorum 457 BOATS Reportable boating accidents; numbering of vessels; type V P.F.D.s; engine exhaust; Lake Hartwell Dam boating safety zone; uniform rules of the road for vessels 567 Vehicles transporting boats; length and width limits 846 BOGART, TOWN OF Mayor, mayor pro-tem, and council; salaries 5650

Page LXIII

BOILER AND PRESSURE VESSEL SAFETY ACT Inspections; special investigators; reports; fees; exemptions; limitations on liability 1349 BONDS Criminal bonds and recognizances; procedures 1342 Georgia Allocation System 486 Proceeds; local government investment pool 334 BOXING Professional boxing match redefined 480 BRADLEY, C.W., BRIDGE Designated 693 BRANTLEY COUNTY Brantley County Development Authority; local constitutional amendment continued 5103 BRANTLEY COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 5103 BROOKS COUNTY School superintendent; appointment; referendum 5267 School system; merger; local constitutional amendment continued 4544 Superior court; judges; salary supplement 3983 BRUNSWICK, CITY OF Ad valorem tax; goods in transit; local constitutional amendment continued 3614 Brunswick and Glynn County Development Authority; local constitutional amendment continued 3659 Brunswick and Glynn County Development Authority; membership 5391 Downtown Brunswick; district; taxes; local constitutional amendment continued 3719 Exchange of city property for state owned property 698 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3659 Membership; appointment; terms; qualifications 5391 BRUNSWICK JUDICIAL CIRCUIT Additional judge 1145

Page LXIV

BUILDINGS AND HOUSING Art in State Buildings Program; creation 891 Code revision 3 Elevators, dumbwaiters, escalators, manlifts, and moving walks; installation; inspection; lobby smoke detectors; permits; accident reports 1470 Georgia Residential Finance Authority; residential energy conservation; investments; bonds; low-income housing credits 234 Handicapped parking spaces 1439 Handicapped persons; access; standards; entrances; bathrooms; seating; parking lots 1425 Housing authorities; private enterprise agreements; investment of funds; bonds 283 Smoke detectors; required in certain dwelling units and buildings; standards 989 , 1470 Urban Residential Finance Authorities Act For Large Municipalities (400,000 or more) 150 BULLOCH COUNTY Board of commissioners; clerk, deputy clerk, and clerical assistant; compensation 5533 Clerk of the superior court; employees; compensation 4487 Probate court; clerk; compensation; part-time employees 4493 Sheriff; deputies; office clerk; compensation 4489 Tax commissioner; assistants; compensation; part-time employees 4491 BURIAL PLACES Permits for disturbing in course of land development; superior courts; penalties 387 BURKE COUNTY Judges of the superior court; salary supplement 4893 State court; fees 4095 State court; terms 3771 Superior court; terms 250 BURRUSS, A.L. AL, CORRECTIONAL TRAINING CENTER Designation 723 BUSINESS DEVELOPMENT CORPORATIONS Duration; loans; calls 1059 BUTTS COUNTY Board of commissioners; elections 5400 Board of education; election; school superintendent; appointment; referendum 4919

Page LXV

Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 BUTTS COUNTY, CITY OF FLOVILLA, CITY OF JACKSON, AND CITY OF JENKINSBURG WATER AND SEWER AUTHORITY Vacancies 4505 BUYING SERVICES ACT OF 1975 Contracts; contents; cancellation; violations; administrative procedure 1347 BYRON, CITY OF Corporate limits 4438 Mayor and aldermen; salary 5620 Redevelopment powers; referendum 5394 C CALHOUN, CITY OF Appropriations to HAND UP, INC.; local constitutional amendment continued 3590 CALHOUN COUNTY Transfer of Georgia Forestry Commission structure 728 CAMDEN COUNTY Board of commissioners; elections; districts; terms; referendum 4929 Board of education; elections; districts; terms; referendum; Act continuing local constitutional amendment repealed 4943 School superintendent; appointment; referendum 5032 Superior court; additional judge 1145 CAMILLA, CITY OF Mayor and councilmen; compensation 3773 CAPITOL Entering with weapons; demonstrations; disrupting the General Assembly 614 Honorable Randall Evans, Jr.; portrait 726 Honorable Viola Ross Napier; portrait placed in the state capitol 669 CANDLER COUNTY Candler County Industrial Authority; local constitutional amendment continued 3734 State court; new trials 4468

Page LXVI

CANDLER COUNTY INDUSTRIAL AUTHORITY Local constitutional amendment continued 3734 CANTON, CITY OF Board of education; Cherokee County; local constitutional amendment continued 3572 CARROLL COUNTY State court; judge, solicitor, and judge's secretary; compensation 3669 State court; solicitor; expenses; supplies; personnel 4992 CARROLLTON, CITY OF Homestead exemption; local constitutional amendment continued 5154 CATOOSA COUNTY Board of tax administrators; local constitutional amendment continued 3796 Commissioner; hospitalization insurance for officials and employees; bids 4290 Coroner; salary; deputy coroner 5109 Catoosa County Development Authority; local constitutional amendment continued 4546 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; local constitutional amendment continued 3588 Sewage districts; local constitutional amendment continued 4548 Sheriff; compensation; budgets 4958 CATOOSA COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4546 CEMETERIES Permits for disturbing; penalties 387 CHANCE, HOMER, HIGHWAY 681 CHARITABLE ORGANIZATIONS Registration 968 CHARLTON COUNTY Board of commissioners; elections; districts; quorum 5042 Charlton County Development Authority; local constitutional amendment continued 4530 CHARLTON COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4530

Page LXVII

CHATHAM COUNTY Board of commissioners; county manager; powers and duties 5516 Board of commissioners; meetings; budgets; finance committee 5484 Board of public education; retirement system; benefit increases; local constitutional amendment continued 4515 Board of tax assessors; merger; chief tax assessor for county; local constitutional amendment continued 4485 Chatham County Law Enforcement and Jails Study Commission; creation 5009 Magistrate court; appointment of additional magistrates 4805 Magistrate court; law library fees 4222 Officers, officials, and judges; compensation 4087 Recorder's court; chief judge; senior judge 5156 Redevelopment powers; referendum 4801 School system; local constitutional amendment continued 4607 CHATTAHOOCHEE COUNTY Staggered motor vehicle registration periods 4089 CHATTOOGA COUNTY Board of education; election; local constitutional amendment continued 3821 State court; judge and solicitor; compensation; secretary 4503 Tax commissioner; fees for collection of school taxes; local constitutional amendment continued 3819 CHECKS Bad checks; damages; service charges; form of notice; venue 817 Bad checks; magistrate courts; jurisdiction 1032 Bad checks; present consideration 983 CHEHAW PARK AUTHORITY Composition; appointment of members; quorum; vacancies 5146 CHEROKEE COUNTY Board of education; local constitutional amendment continued 3572 Cherokee County Airport Authority; local constitutional amendment continued 3570 Cherokee County Development Authority; local constitutional amendment continued 3566 Fire protection districts; sewerage districts; local constitutional amendment continued 3568 Staggered motor vehicle registration periods 4197 CHEROKEE COUNTY AIRPORT AUTHORITY Local constitutional amendment continued 3570 CHEROKEE COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3566

Page LXVIII

CHILD ABUSE Aggravated child molestation; definition; penalty 617 CHILD ABUSE AND NEGLECT PREVENTION ACT Enactment; State Children's Trust Fund created 1133 CHILD ABUSE PROTOCOL 1065 CHILDREN Abortion; Parental Notification Act 1013 Alcoholic beverages; selling or furnishing to minors; municipal court jurisdiction 1462 Child support; public assistance benefits; disregarded income 1435 Child welfare agencies; licenses 1435 Day-care centers; records checks of directors and employees; licenses 1416 Day-care homes and centers; educational curriculum; emergency telephone numbers; space 1435 Designated felony act redefined; juvenile courts 1012 Husband and wife competent and compellable to give evidence; crimes against minor child 1155 Illegitimate; inheriting from father 632 Sexual exploitation of children 1164 Tattooing prohibited; persons under 16 443 CHILD SUPPORT Department of Human Resources; requests for information from state or local agencies or private employers 1114 Enforcement and collection procedures 186 CHILD WELFARE AGENCIES Licenses 1435 CIGARETTES Selling or furnishing to or purchase by minors under 17; signs; vending machines; penalties 945 CITIZENS Aliens as administrators of estates 539 CITY OF BARNESVILLE AND COUNTY OF LAMAR DEVELOPMENT AUTHORITY Local constitutional amendment continued 3730 CITY OF DALLAS PARKING AUTHORITY Local constitutional amendment continued 3726

Page LXIX

CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY Local constitutional amendment continued 4525 CITY OF JASPER INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3564 CIVIL PRACTICE Attorney's fees; magistrate courts 397 Bad checks; damages; service charges; form of notice; venue 817 Child support and alimony; enforcement and collection; costs; attorney's fees; interest 186 Code revision 3 Declaratory judgments involving fiduciaries; probate court jurisdiction in counties of more than 150,000 912 Direct response insurance business; registered agent for service of process 1054 Discipline of employees attending judicial proceedings prohibited; cause of action; damages; contempt of court 1156 Divorce; evidentiary hearings in uncontested cases; pleadings; affidavits; motions to set aside; proceedings to attack judgment; statute of limitations 565 Election contests; settlement procedures 1050 Execution; discovery in aid of execution; production of documents or things; entry on real property 816 Financial institutions; costs; production of documents 805 Findings of fact and conclusions of law accompanying judgments; waiver; motions to change findings of the court; waiver of insufficiency as ground for appeal 1057 Governments as parties in cases pertaining to real property or special statutory proceedings 1064 Homicide of a child; judgments; apportionment between parents who are divorced, separated, or living apart 619 Library records 595 Magistrate courts; appeals to superior or state courts 1009 Magistrate courts; court costs; attorney's fees; expenses of litigation; appeals 397 Medical Malpractice Reform Act of 1987; limitations of actions; minors; incompetents; affidavit of expert; complaints; immunity 887 Medical students; tort immunity 363 Motions to set aside a judgment based upon lack of jurisdiction over the person 564 Partnerships; suits by or against; judgment creditors; garnishment 1444 Post-judgment interest; automatic applicability 352 Product liability; statute of limitations for actions claiming negligence 613 Real estate brokers and salespersons; actions to collect commissions 252 Securities; applicability of securities laws in effect on the date of a crime or violation 984 Tax executions; levy administration fee 965 Tort Reform Act of 1987; immunity; collateral sources; punitive damages; product liability; new trials; apportionment of damages 915

Page LXX

Witness fees; law enforcement officers 834 Writs of execution; writs of fieri facias; fees; magistrate courts 320 CLARKE COUNTY Merit system; local constitutional amendment continued 3633 Staggered motor vehicle registration periods; referendum 4279 Superior court; judges; salary supplement 3780 Taxes other than ad valorem property taxes; local constitutional amendment continued 3631 Water, sanitation, sewerage, and fire protection districts; local constitutional amendment continued 3635 CLAY COUNTY Clay County Development Authority; local constitutional amendment continued 5286 Port and terminal facilities 5284 CLAY COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 5286 CLAYTON COUNTY Board of commissioners; compensation 5252 Board of education; compensation 5416 Civil service board; compensation 5257 Clayton County Tourism Authority; creation 5070 Clayton County Water Authority; compensation 5488 Judge of the probate court; compensation 5246 Sheriff, clerk of the superior court; deputy clerk; compensation 5255 State court; judge; solicitor; deputy clerk; compensation 5249 Tax commissioner; deputy tax commissioner; compensation 5259 CLAYTON COUNTY TOURISM AUTHORITY Creation 5070 CLAYTON COUNTY WATER AUTHORITY Compensation 5488 CLINCH COUNTY Board of education; elections; school superintendent; appointment; local constitutional amendment continued 4536 Board of education; elections; successors 5240 Clinch County Development Authority; local constitutional amendment continued 4534 Conveyance of structure owned by the Georgia Forestry Commission to the board of commissioners 697 Magistrate court; law library fees 5133

Page LXXI

CLINCH COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4534 COBB COUNTY Board of commissioners; compensation 4955 Chief deputy sheriff; chief investigator; compensation 3860 District attorney; assistant district attorneys; compensation 5354 Juvenile court; judge; compensation 4910 Probate court; judge and clerk; compensation 4775 Sheriff; executive secretary 3863 State court; clerk; chief deputy clerk; compensation 4971 State court; judges; compensation 4814 State court; second division; judges; compensation; retirement 4798 State court; solicitor; chief assistant solicitor; assistant solicitors; compensation 4826 Superior court; additional judge 410 Superior court; deputy clerk; compensation 4593 Superior court; judges; salary supplement 4766 Tax commissioner; chief clerk; compensation 4482 COBB JUDICIAL CIRCUIT Additional judge 410 District attorney; assistant district attorneys; compensation 5354 Judges; salary supplement 4766 COCHRAN, CITY OF Bleckley-Cochran Industrial Development Authority; local constitutional amendment continued 3558 City council; powers; closing streets; easements; disposal of property 4554 COFFEE COUNTY Douglas-Coffee County Industrial Authority; local constitutional amendment continued 3554 COLBERT, CITY OF Mayor; term; referendum 4475 COLLEGE PARK, CITY OF College Park Business and Industrial Development Authority; local constitutional amendment continued 3713 COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3713

Page LXXII

COLQUITT COUNTY Staggered motor vehicle registration periods 5262 Superior court; judges; salary supplement 3983 COLUMBIA COUNTY Board of education; elections; referendum 4270 Homestead exemption from school district taxation; referendum 4267 Superior court; judges; salary supplement 4976 COLUMBUS, GEORGIA Municipal court; clerk; marshal; compensation; fees and costs 4281 COMMERCE AND TRADE Buying services; contracts; cancellation; administrative procedure; violations 1347 Cigarettes and tobacco related objects; selling to minors under 17; signs; vending machines 945 Code revision 3 Credit repair services organization; operation prohibited 1413 Criminal trespass by motor vehicle 837 Economic Development Council; abolished 325 Fair Business Practices Act of 1975; buying services 1347 Fair Business Practices Act of 1975; charitable organizations; professional fund raisers and professional solicitors 968 Fair Business Practices Act of 1975; consumer transactions; purchase of dwelling; tender requirement waiver in private actions 794 Fair Business Practices Act of 1975; promotional giveaways or contests 1386 Petroleum; gasoline stations dispensing at self-service prices to holders of handicapped parking permits 1464 Petroleum products; trial franchises for designated family members upon death or retirement of dealer 1459 Product liability; product sellers 1152 Promotional giveaways and contests; regulation 1386 Rural Economic Development Law 1142 Securities; certificate of the Secretary of State; prima-facie evidence 439 Securities; criminal or civil proceedings; applicability of securities laws in effect on the date of the crime or violation 984 Shoe repair liens 382 Tailors; lien for tailoring, altering, or repairing clothing or shoes 382 Telephones; automatic telephone dialing and announcing equipment; regulation 1159 Trademarks and service marks; registration; fees 563 Video movies; ratings required on covering 1384 COMMERCIAL CODE Security interests in personalty; foreclosure; executions; procedure; forms 1023

Page LXXIII

COMMISSIONS Magistrates, constables, and clerks 398 COMMUNICABLE DISEASES Inmates; medical examinations and tests 1446 COMPUTERIZED TELEPHONE CALLS Regulation 1159 CONDITIONED AIR CONTRACTORS License exemptions; Georgia Asbestos Safety Act 964 CONSERVATION AND NATURAL RESOURCES Asbestos; electrical contractors; plumbers; conditioned air contractors; low-voltage contractors; license exemptions under the Georgia Asbestos Safety Act 964 Code revision 3 Georgia Environmental Facilities Authority; loans; contracts; water and sewerage facilities 642 Georgia Youth Conservation Corps; creation 922 Hazardous Materials Emergency Response Advisory Council 711 Hazardous materials; immunity for assisting in mitigating effects of discharge 810 Jekyll IslandState Park Authority; employees; health insurance; membership in the Employees' Retirement System of Georgia 1035 Jekyll IslandState Park Authority; ordinance violations; prosecution; Glynn County; court; jurisdiction 1117 Knobbed whelk; designated as the official state seashell 1130 Lake Lanier Islands Development Authority; ordinances; security officers; alcoholic beverage sales 445 Liens created pursuant to the federal Superfund Amendments and Reauthorization Act of 1986 1023 Littering; penalties 813 L.L. (Pete) Phillips Conference Center designated 704 Waste management; immunity for assisting in mitigating effects of hazardous materials discharge 810 Water and sewerage facilities; loans; contracts 642 Water and sewer projects; special purpose county sales and use tax 1322 Waterfowl stamp fund 357 CONSTITUTION Proposed amendment; municipalities of 400,000 or more; bonds 1598 Proposed amendments; contributions to urge passage or defeat 458 CONSUMERS' UTILITY COUNSEL Date for repeal of law amended 634

Page LXXIV

CONTRACTS Bad checks 817 , 983 , 1032 Cities of not less than 400,000; downtown development areas; urban redevelopment areas 175 County public works; bids; emergency waiver 641 Municipal corporations of not less than 400,000; contracts not exceeding 50 years 275 Promotional giveaways and contests; voidability of contracts 1386 CONTROLLED SUBSTANCES Child controlled substance or marijuana abuse reports 1000 CONYERS, CITY OF Conyers-Rockdale-Big Haynes Impoundment Authority; creation 5053 CONYERS-ROCKDALE-BIG HAYNES IMPOUNDMENT AUTHORITY Creation 5053 COOK COUNTY Board of commissioners; compensation 5150 CORDELE, CITY OF Crisp CountyCordele Industrial Development Authority; local constitutional amendment continued 3548 Cordele and Crisp County; school systems; merger; local constitutional amendment continued 3552 Cordele Office Building Authority; local constitutional amendment continued 4532 Cordele Office Building Authority; purposes 5158 CORDELE OFFICE BUILDING AUTHORITY Local constitutional amendment continued 4532 Purposes 5158 CORONERS Georgia Coroner's Training Council; membership; quorum; curriculum advisory committee; Georgia Police Academy 340 Mayors of municipalities of 5,000 or less; simultaneous service 630 Medical records; release to coroners of other states; subpoenas 559 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Associations; workers' compensation; group self-insurance funds for employees of trade or professional associations 1110

Page LXXV

Business Development Corporations; duration; loans; calls 1059 Code revision 3 Corporate names; reservation periods; confirmations; fees for filing documents and issuing certificates 1448 Corporations and railroad corporations; standards of care of officers and directors; limitation of liability; indemnification and advancement of litigation expenses 849 Corporations; insuring employees; individual life or accident and sickness insurance 389 Corporations; superior court filing fees 537 Intangible personal property taxes; corporate stock; domesticated foreign corporation defined 266 Partnerships; suits; judgment creditors; garnishment; continuation after wrongful dissolution 1444 Real estate brokers and salespersons; licenses 252 Torts; immunity from liability; members, directors, trustees, and officers of nonprofit hospitals or associations; nonprofit, charitable, or eleemosynary institutions or organizations 986 COSMETOLOGISTS Services in locations other than a licensed beauty shop or salon; rules and regulations 1089 COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA Administrative services; contracts 622 COUNTIES Airports; lease of property in counties of 550,000 or more 631 Alcoholic beverage sales on Sunday in counties of 160,000 or more and in municipalities in such counties 381 Auctioneers; regulation 596 Audits; governments having expenditures of less than $100,000.00 349 Boards of commissioners of counties of 550,000 or more; compensation 173 Bonds; Georgia Allocation System 486 Bonds; proceeds; local government investment pool 334 Burial places; permits for disturbing; penalties 387 Child abuse protocol; committees; reports 1065 Coroners; mayors of municipalities of 5,000 or less; simultaneous service 630 Coroners in counties of 17,510-17,560; salary; Act repealed 316 County administrators; qualifications; annual fees 477 County boards of health; creation by ordinance in counties of 550,000 or more 169 County boards of health; membership 185 County building authorities in counties of 550,000 or more; bonds; membership 1491 Couty departments of family and children services; disposition of unclaimed property of former clients 541 Court clerks; fees for transmitting reports of traffic convictions 392

Page LXXVI

Criminal acts on property of a political subdivision; immunity 433 Cultural, recreational, and historic facilities; special purpose county sales and use tax 1322 Development authorities; disposition of real property for fair market value 1067 Election superintendents as defendants in election contests 1050 Ethics in Government Act; revision 297 550,000 or more; probation system; former employees; health insurance 1005 550,000 or more; volunteer legal service agencies; fees 282 Governing authorities; jurisdiction of judges of the probate courts in county matters 1482 Governing authorities; members; workers' compensation coverage 1038 Governing authorities; original and exclusive jurisdiction 1051 Hospital care for nonresident indigents 1494 Housing authorities; private enterprise agreements; investments; bonds 283 Law libraries for superior court judges 843 Library, water, and sewerage facility loans 642 Local government investment pool; bond proceeds 334 Nuisances; cultural facilities 999 Official Directory of State and County Officials and Officers; publication 432 Ordinance violations; fines and forfeitures; Peace Officers' Annuity and Benefit Fund 475 Parties in cases pertaining to real property or special statutory proceedings 1064 Population of counties in which more than 70 percent of population resides on federal property; revision of jury lists 1575 Probate court clerks exercising jurisdiction of judge in uncontested matters in counties of 150,000 or more 524 Probate courts in counties of more than 150,000; judges; eligibility requirements 406 Public safety officers; firefighter standards and training 373 Public works; bids; emergency waiver 641 Public works contracts; counties of 550,000 or more 166 Real property; private sales 1100 Rural Economic Development Law 1142 School systems; consolidation or merger; teacher tenure 1018 Sheriffs, clerks of superior courts, and judges of probate courts; minimum salaries 440 Special purpose county sales and use tax 1322 State Board of Pardons and Paroles; reimbursement for medical services 428 Tax assessors; certain material not confidential 558 Tax collections; lock box systems; contracts 374 Tax collectors and tax commissioners; minimum salaries 366 Tax executions; reduction to judgments 665 Torts; immunity from liability; officers 986 Water and sewer projects; special purpose county sales and use tax 1322 COURT OF APPEALS Oral arguments; location 291 Senior Appellate Court Judge; office created; duties, powers; compensation 291

Page LXXVII

COURTS Augusta Judicial Circuit; judges; salary supplement 4893 , 4976 Augusta Judicial Circuit; terms; Burke County 250 Brunswick Judicial Circuit; additional judge 1145 Child abuse protocol among county agencies and offices 1065 Civil courts; judges pro tempore, service as magistrates pro tempore 484 Clerks; fees for transmitting reports of traffic convictions 392 Cobb Judicial Circuit; additional judge 410 Code revision 3 Cobb Judicial Circuit; judges; salary supplement 4766 Contempt of court; employees attending judicial proceedings; discipline prohibited by employers; damages 1156 County ordinance violations; fines and forfeitures; Peace Officers' Annuity and Benefit Fund 475 Court of Appeals; oral arguments; locations; Senior Appellate Court Judge; office created; appointment; qualifications; powers; compensation 291 Demands for trial; noncapital cases 841 District attorneys; investigators for each circuit; appointment; duties; health insurance 1337 Douglas Judicial Circuit; terms 2 Griffin Judicial Circuit; additional judge 279 Gwinnett Judicial Circuit; additional judge 331 Jailers; oaths 342 Juries; jury lists; selection of trial and grand juries; number of names drawn as grand jurors 953 Jury lists; population of counties in which more than 70 percent of population resides on federal property 1575 Jury trials; withdrawal of a waiver of trial by jury in traffic cases 329 Juvenile courts; child controlled substance or marijuana abuse reports 1000 Juvenile courts; deprived children; shelter care 479 Juvenile courts; designated felony act redefined 1012 Juvenile Justice Coordinating Council; creation 1576 Magistrate courts; appeals to superior or state courts 1009 Magistrate courts; attorney's fees; court costs; expenses of litigation; appeals 397 Magistrate courts; civil court judges pro tempore; service as magistrates pro tempore 484 Magistrate courts; civil jurisdiction 399 Magistrate courts; clerks; qualifications 364 Magistrate courts; fees; writs of execution; writs of fieri facias; clerks of superior courts 320 Magistrate courts; jurisdiction; bad checks 1032 Magistrate courts; jurisdiction; ordinances of state authorities 448 Magistrate courts; magistrates, constables, and clerks; commissions 398 Magistrate courts; volunteer legal service agencies in counties of 550,000 or more; fees 282 Magistrates; practice of law; restrictions 430 Municipal courts; jurisdiction in cases of selling or furnishing alcoholic beverages to minors 1462 Municipal courts; theft by shoplifting; jurisdiction 1153

Page LXXVIII

Northern Judicial Circuit; judges; salary supplements 5479 Probate courts; clerks; jurisdiction in counties of 150,000 or more 524 Probate courts; concurrent jurisdiction with superior courts in counties of more than 150,000 912 Probate courts in counties of more than 150,000; judges; eligibility requirements 406 Probate court; judges as custodians of funds of minors and incapacitated adults; bonds; unclaimed funds 979 Probate courts; judges; minimum salaries 440 Probate courts; jurisdiction in county matters 1482 Probate courts; location of judge's office 400 Probate courts; marriage license fees 1133 Probate courts; marriage licenses; issuance 409 Southern Judicial Circuit; judges; salary supplement 3983 State courts; appeals from magistrate courts 1009 State courts; solicitors; residency 359 State courts; volunteer legal service agencies in counties of 550,000 or more; fees 282 Stone Mountain Judicial Circuit; judges; salary supplement 3989 Superior courts; administrative services; contracts; Council of Superior Court Judges of Georgia 622 Superior courts; appeals from magistrate courts 1009 Superior courts; burial places; permits for disturbing 387 Superior courts; clerks; fees; corporations 537 Superior courts; clerks; fees; divorce cases 1133 Superior courts; clerks; fees; magistrate courts 320 Superior courts; clerks; filing lists of electors repealed 351 Superior courts; clerks; rural telephone cooperatives; fees 325 Superior courts; clerks; sheriffs; minimum salaries 440 Superior courts; Hall County; terms 296 Superior courts; Hancock County; terms 294 Superior courts; judges and senior judges; expenses; meetings and educational programs 385 Superior courts; judges; elections 328 Superior courts; law libraries for judges 843 Superior courts; warrants for medical examinations of inmates suspected of transmitting communicable diseases 1446 Superior courts; Western Judicial Circuit; judges; salary supplement 3780 Superior courts; Wilkinson County; terms 295 Supreme Court; Senior Appellate Court Justice; office created; duties; powers; compensation 291 Supreme Court; seven justices 324 Tallapoosa Judicial Circuit; terms 37 Traffic courts in cities of more than 300,000; senior judges 167 Venue; bad checks 817 Volunteer legal service agencies in counties of 550,000 or more; fees 282 COWETA COUNTY Staggered motor vehicle registration periods 4429 CREDIT CARD AND CREDIT CARD BANK ACT 268

Page LXXIX

CREDIT REPAIR SERVICES ORGANIZATION Operation prohibited 1413 CRIMES AND OFFENSES Abuse of governmental office; solicitation or acceptance of funds or equipment by law enforcement officers authorized; conditions 906 Aggravated child molestation; redefined; penalty 617 Alcoholic beverages; furnishing to minors; municipal court jurisdiction 1462 Bad checks; magistrate courts; jurisdiction 1032 Bad checks; present consideration; extension of additional credit; written waiver of lien rights 983 Battery; definition; punishment; minimum sentences 1010 Burial places; permits for disturbing; penalties 387 Cigarettes and tobacco related objects; selling or furnishing to or purchase by minors under 17; signs; vending machines; penalties 945 Credit repair services organization; operating prohibited 1413 Criminal acts on property of a political subdivision; immunity of subdivision; sovereign immunity 433 Criminal trespass by motor vehicle; defined; penalty; municipal ordinances 837 Designated felony act redefined; juvenile courts 1012 Drugs; child controlled substance or marijuana abuse reports 1000 Drugs; controlled substances; dangerous drugs; lists; withholding information from a practitioner 261 Drugs; use of money, property, or proceeds seized or forfeited pursuant to federal law and turned over to local law enforcement agencies 840 False statements in applications for registration of motor vehicles 949 Felonies against victims under 14 years of age 330 Firearm or knife; possession during commission of a crime; arm's reach 624 Firearms; possession by person on probation as a first offender; penalty; release from disability 476 First offenders; possession of firearms 476 General Assembly; disrupting or preventing sessions or meetings; entering capitol with weapons 614 Georgia Antiterroristic Training Act; teaching or attending classes or demonstrations 866 Handicapped parking spaces 1439 Income tax evasion 444 Interference with custody; retaining possession upon expiration of a lawful period of visitation 561 Jail inmates; possession of controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons 611 Littering; penalties 813 Lotteries; promotional giveaways and contests 1386 Pistols; magistrates and solicitors; carrying in publicly owner or operated buildings 358 Repeal, repeal and reenactment, or amendment of criminal laws; effect on prosecution 260 Securities; criminal or civil proceedings; applicability of securities laws in effect on the date of the crime or violation 984 Sexual exploitation of children 1164

Page LXXX

Shoplifting; municipal courts; jurisdiction; penalties 1153 Simple battery against a person 65 years of age or older; misdemeanor of a high and aggravated nature 557 Tattooing person under 16; penalty 443 Video movies; display of ratings on covering 1384 CRIMINAL PROCEDURE Amendment, repeal, or repeal and reenactment of criminal laws; effect on prosecution 260 Bad checks; magistrate courts; jurisdiction and procedure 1032 Bail; deposit of drivers' licenses in lieu of bail by uninsured motorists 542 Bonds and recognizances; release of surety from liability; surrender of principal; forfeiture; execution hearings; remission; detainers and rendition proceedings 1342 Child abuse protocol among county agencies and offices 1065 Demands for trial 841 Detainers and rendition proceedings 1342 Financial institutions; costs; production of documents 805 Indictments; quashing two indictments or presentments on the same offense, charge, or allegation as a bar to further prosecution 529 Medical records; release to coroners of other states; subpoenas 559 Minors; parents; evidence 1155 Probation; over-payment of fines, restitution, or money owed as a condition of probation 452 Probation; special alternative incarceration 654 Sentences; persons under 17 sentenced as adults; committment to Division of Youth Services until 18; transfer to Department of Corrections 1335 Sentences; tolling; return of warrants for absconded probationers; non est inventus 455 Statute of limitations; felonies against victims under 14 years of age 330 Traffic cases; withdrawal of a waiver of trial by jury 329 Witness fees for arson investigators 404 CRISP COUNTY Crisp County-Cordele Industrial Development Authority; local constitutional amendment continued 3548 School system; merger with Cordele school system; local constitutional amendment continued 3552 CRISP COUNTY-CORDELE INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3548 CRUISING Criminal trespass by motor vehicle 837 CULLODEN, CITY OF City council; mayor; elections; districts 4478

Page LXXXI

CULTURAL FACILITIES Nuisances 999 CUMMING, CITY OF Water and sewer service area boundaries; intergovernmental contracts 5418 CUSTODY Interference with custody; retaining possession of child or committed person after visitation period 561 CUTHBERT, CITY OF Street closure 3501 D DALLAS, CITY OF City of Dallas Parking Authority; local constitutional amendment continued 3726 Corporate limits 4203 Mayor; term 4201 DALTON, CITY OF Homestead exemption; residents 62 or older; local constitutional amendment continued 3709 Urban Area Planning Commission; creation 5596 DANVILLE, TOWN OF Mayor and council; salaries 5614 DAY CARE CENTERS Educational curriculum; emergency telephone numbers; space 1435 Records checks of directors and employees; licenses 1416 DEARING, TOWN OF Mayor and council; terms 4195 DEBTOR AND CREDITOR Business Development Corporations; loans; calls 1059 Child support and alimony; enforcement and collection 186 Credit repair services organization; operation prohibited 1413 Execution; discovery 816

Page LXXXII

Garnishment; reaching interest of a partner 1444 Group life insurance; maximum coverage for debtors 1333 Liens; foreclosure and executions on security interests in personality 1023 Tax executions; advertisements; costs 1049 DECATUR, CITY OF Board of education; terms 4895 Bonds; offstreet parking; local constitutional amendment continued 3790 Commissioners; elections; terms 5364 Corporate limits 4812 Board of education; compensation; expense allowance 4091 State court; judge; solicitor; compensation 4093 DEER Hunting antlerless or either-sex deer on certain days 530 DEGREES Nonpublic colleges, universities, and schools 1120 DEKALB COUNTY Ad valorem property tax exemption for certain improvements to real property; local constitutional amendment continued 3792 Board of commissioners; compensation 4542 Board of education; compensation 4538 Board of education; temporary loans; local constitutional amendment continued 4118 Chief executive officer; board of commissioners; compensation 5013 Clerk of the superior court; compensation 4540 Coroner; compensation 4542 DeKalb County Airport Authority; abolished 4550 DeKalb County Government Study Commission; creation 691 DeKalb County Pension Board; contributions 5511 Flat Shoals Parkway designated 724 Form of government; local constitutional amendment continued 4817 Probate court; judge; compensation 4540 State court; additional assistant solicitors 5242 State court; additional judge 5449 Superior court; judges; supplement 3989 Tax commissioner; board of commissioners; coroner; compensation 4542 DEKALB COUNTY AIRPORT AUTHORITY Abolished 4550 DEMANDS FOR TRIAL Procedure in noncapital cases 841

Page LXXXIII

DENTISTS AND DENTAL HYGIENISTS Licenses; sanctions; sedation; anesthesia; reports; dental assistants 932 DEPARTMENT OF COMMUNITY AFFAIRS Strategic state-wide rural economic development plan 345 DEPARTMENT OF LABOR Offices; lease or rental; funds 1007 DESIGNATED FELONY ACT Redefined; juvenile courts 1012 DEVELOPMENT AUTHORITIES Disposition of real property for fair market value 1067 DIETITIANS AND DIETETIC COUNSELORS Definitions; licenses; examinations; internship 1149 DIPLOMAS Nonpublic colleges, universities, and schools 1120 DISCOVERY Execution; discovery in aid of execution; documents; entry on real property 816 DISPOSITION OF UNCLAIMED PROPERTY ACT Intangible personal property of former clients of county departments of family and children services 541 DISPOSSESSORY PROCEEDINGS Removal of tenant's manufactured home, mobile home, trailer, or movable housing; storage costs; fees; liens 842 DISTRICT ATTORNEYS Investigators for each circuit 1337 DISTRICT OF COLUMBIA Regional interstate banking 251

Page LXXXIV

DIVORCE Evidentiary hearings in uncontested cases; pleadings; affidavits; motions to set aside; proceedings to attack judgment; statute of limitations 565 Fees 1133 DODGE COUNTY Magistrate court; chief magistrate; election; terms; vacancies 4796 DOERUN, CITY OF Bonds; local constitutional amendment continued 3717 DOMESTIC RELATIONS Adoption; mother's affidavit regarding putative father; stepparent adoptions 992 Aggravated child molestation; definition; penalty 617 Child Abuse and Neglect Prevention Act; enactment; State Children's Trust Fund created; fees in divorce cases; marriage license fees 1133 Child abuse protocol among county agencies and offices 1065 Child controlled substance or marijuana abuse reports 1000 Child support and alimony; enforcement and collection; practice and procedures; costs; attorney's fees; interest 186 Child support; recovery; Department of Human Resources; request for information from state or local agencies or private employers 1114 Custody; interference with custody; retaining possession upon expiration of a lawful period of visitation 561 Divorce; evidentiary hearings in uncontested cases; pleadings; affidavits; motions to set aside; proceedings to attack judgment; statute of limitations 565 Divorce; fees 1133 Homicide of a child; judgments; apportionment between parents who are divorced, separated, or living apart 619 Marriage license fees 1133 Marriage licenses; issuance in any county in one party is a resident of this state 409 DOOLY COUNTY Dooly County Industrial Development Authority; local constitutional amendment continued 3514 DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3514 DORAVILLE, CITY OF Mayor; salary 5637

Page LXXXV

DOUGHERTY COUNTY Board of commissioners; compensation 5228 Board of education; composition; elections; districts; compensation; referendum 3843 Chehaw Park Authority 5146 Garbage collection franchises; local constitutional amendment continued 3833 School system; merger; local constitutional amendment continued 3831 Sewage system; local constitutional amendment continued 3839 Sewage system; local constitutional amendment continued 3841 State court; costs; fees 5238 Tax collection and assessment; local constitutional amendment continued 3835 DOUGLAS, CITY OF Douglas-Coffee County Industrial Authority; local constitutional amendment continued 3554 DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY Local constitutional amendment continued 3554 DOUGLAS COUNTY Board of education; elections; local constitutional amendment continued 3645 Bonds for road purposes; local constitutional amendment continued 3655 Business licenses; ordinances; local constitutional amendment continued 3647 Civil service system; local constitutional amendment continued 3649 Douglasville-Douglas County Stadium Authority; local constitutional amendment continued 3643 Douglasville-Douglas County Water and Sewer Authority; new members; liens 4844 Recall of county officers and members of the board of education; local constitutional amendment continued 3653 Superior court; terms 2 Water, sanitation, sewerage, and fire protection districts; local constitutional amendment continued 3651 DOUGLAS JUDICIAL CIRCUIT Terms 2 DOUGLASVILLE, CITY OF Douglasville-Douglas County Stadium Authority; local constitutional amendment continued 3643 Douglasville-Douglas County Water and Sewer Authority; new members; liens 4844 DOUGLASVILLE-DOUGLAS COUNTY STADIUM AUTHORITY Local constitutional amendment continued 3643

Page LXXXVI

DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY New members; liens 4844 DOWNTOWN ATHENS DEVELOPMENT AUTHORITY Local constitutional amendment continued 3825 DOWNTOWN DUBLIN DEVELOPMENT AUTHORITY Local constitutional amendment continued 4519 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY Local constitutional amendment continued 3596 DOWNTOWN WEST POINT DEVELOPMENT AUTHORITY Local constitutional amendment continued 3592 DRIVER IMPROVEMENT CLINICS Fees 431 DRIVING UNDER THE INFLUENCE Reports of law enforcement officers; periods of suspension 1489 Violations of federal law, local ordinances, or current or prior laws of this state or other states 904 DRUGS Child controlled substance or marijuana abuse reports 1000 Controlled substances; dangerous drugs; lists; withholding information from a practitioner 261 Driving under the influence; reports of law enforcement officers; periods of suspension 1489 Driving under the influence; violations of federal law, local ordinances, or current or prior laws of this state or other states 904 Drug dependent persons; treatment 797 Generic substitutions; prescription forms 1131 Jail inmates; possession 611 Use of money, property, or proceeds seized or forfeited pursuant to federal law 840 DUBLIN, CITY OF City of Dublin and County of Laurens Development Authority; local constitutional amendment continued 4525 Corporate limits 4810 Downtown Dublin Development Authority; local constitutional amendment continued 4519

Page LXXXVII

DUDLEY, TOWN OF Tax to promote new industries; local constitutional amendment continued 4517 DULUTH, CITY OF New charter 3914 DUMBWAITERS Installation; inspection; permits; accident reports 1470 E EAST POINT, CITY OF Department of the City Court of East Point; creation 5567 Mayor and council; special elections; vacancies 5630 ECHOLS COUNTY Echols County Development Authority; local constitutional amendment continued 3827 Judge of the probate court to serve as judge of the County Court of Echols County (now magistrate court); local constitutional amendment continued 3829 Superior court; judges; salary supplement 3983 ECHOLS COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3827 ECONOMIC DEVELOPMENT COUNCIL Abolished 325 EDUCATION Agnes Scott College; motor vehicle license plates 339 Augusta College; motor vehicle license plates 658 Code revision 3 Driver improvement clinics; fees 431 Georgia Antiterroristic Training Act 866 Georgia Higher Education Assistance Corporation; definitions of student and eligible student 1119 Georgia Higher Education Assistance Corporation; service cancelable loans; reports 378 Georgia Southwestern College; motor vehicle license plates 337 Georgia Youth Conservation Corps 922 Govenor's Task Force on Adult Literacy; creation 678 Immunization of students; waivers; time periods; extensions 319

Page LXXXVIII

Laboratory and research facilities of the Board of Regents of the University System of Georgia; lease to employees 848 Library records; confidential nature 595 Medical College of Georgia; motor vehicle license plates 660 Medical students; tort; immunity 363 Motor vehicle license plates for colleges and universities; renewal 658 North Georgia College; military scholarships 468 Paine College; motor vehicle license plates 658 Postsecondary degree-granting nonpublic colleges, universities, and schools; regulation 1120 Postsecondary vocational-technical schools 575 Private Colleges and Universities Authority; members; compensation; disposition of funds 353 Public records; trade secrets and proprietary information obtained by colleges and universities; nondisclosure 377 Public school employees health insurance; retired former employees of public schools and community colleges of local school systems 1037 Public School Employees Retirement System; postsecondary vocational-technical school employees 575 Quality Basic Education Act; revision; editorial corrections 1169 Teachers Retirement System of Georgia; contributions; compensation of members; membership 959 Teachers Retirement System of Georgia; postsecondary vocational-technical school employees 575 Teacher tenure; contract review periods; consolidation or merger of school systems; rights 1018 University System of Georgia; lease of laboratory and research facilities to private businesses for small business and economic development 1020 EFFINGHAM COUNTY Board of education; membership elections; terms; compensation; districts; referendum 4596 State court; judge; salary 4250 State court; solicitor; salary 4252 ELBERT COUNTY Superior court; judges; salary supplements 5479 ELECTIONS Absentee voting 465 Candidates; qualifications; appeals; notices of candidacy; write-in candidates; death or disqualification after nomination; Presidential candidates 1360 Code revision 34 Contests; election superintendents as defendants; settlement procedures 1050 Contributions; candidates; recall elections; proposed constitutional amendments, referendums, or questions 458 Ethics in Government Act; campaign contribution disclosure reports; filing with local election superintendents; candidates for state office 1431

Page LXXXIX

Ethics in Government Act; recall elections; contributions; proposed constitutional amendments, referendums, or questions; excess contributions 458 Ethics in Government Act; recall elections; reports 896 Ethics in Government Act; revision; State Ethics Commission; Secretary of State; contributions; accounts; reports; financial disclosure statements 297 Handicapped electors 1360 Joint boards of elections; voter's certificates; special primaries; registering to vote; ballots 1360 Lists of electors; filing with clerk of superior court repealed 351 Municipal; calling special elections if all seats on governing authority are vacant 178 Municipal; uniform municipal election date; biennial elections; terms of municipal offices 787 Paupers' affidavits; qualifying petitions 647 Public Officers Recall Act; applications for recall petitions; procedures; recall petitions; contents; circulation; signatures; time periods; reports 896 Recall elections; contributions 458 Special purpose county sales and use tax; procedure 1322 Superior court judges 328 Unopposed candidates; no election to be held; exceptions; write-in candidates 997 Write-in candidates; compensation of registrars; absentee ballots; master lists of electors 417 ELECTRICAL CONTRACTORS License exemptions; Georgia Asbestos Safety Act 964 ELEVATORS Installation; inspection; permits; accident reports; smoke detectors 1470 ELLIJAY, CITY OF Ellijay-Gilmer County Water and Sewerage Authority; creation 5424 ELLIJAY-GILMER COUNTY WATER AND SEWERAGE AUTHORITY Creation 5424 EMANUEL COUNTY Board of elections; creation 4470 EMBALMERS Apprentices 403

Page XC

EMERGENCY MEDICAL TECHNICIANS Indemnification; death or disability; procedures 822 EMPLOYEE ASSISTANCE PROGRAM State Employees 990 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Jekyll IslandState Park Authority; nonmembership of certain employees 1035 Postsecondary vocational-technical school employees 575 EMPLOYMENT SECURITY LAW Administrative assessment upon all wages; exceptions; rates 139 Maximum weekly benefit; discharge or suspension from employment for cause; effect 435 EQUITY Fair Business Practices Act of 1975; waiver of tender requirement in private actions for equitable relief 794 ESCALATORS Installation; inspection; accident reports; permits 1470 ESTATE TAX Revision 191 ETHICS IN GOVERNMENT ACT Campaign contribution disclosure reports; filing with local election superintendents; candidates for state office 1431 Recall elections; contributors 458 Recall elections; reports 896 Revision 297 ETON, CITY OF New charter 4689 EVANS COUNTY Board of education; composition; elections; compensation; referendum 4782 EVANS, JR., HONORABLE RANDALL Portrait in state capital 726 EVIDENCE Code revision 3 Collateral sources; Tort Reform Act of 1987 915

Page XCI

Discipline of employees attending judicial proceedings prohibited; cause of action; damages; contempt of court 1156 Discovery in aid of execution 816 Divorce; evidentiary hearings in uncontested cases 565 Documents; costs of financial institutions in complying with requests to produce 805 Husband and wife competent and compellable to give evidence in cases of crimes against the person of a minor child 1155 Library records; confidential nature; disclosure; immunity 595 Notary public's certification not evidence to show knowledge of contents and document 1113 Securities; certificate of the Secretary of State as prima-facie evidence 439 Witness fees; arson investigators 404 Witness fees; law enforcement officers; civil cases 834 EXCISE TAXES Hotel-motel tax 635 EXECUTION Discovery in aid of execution 816 Tax executions 665 , 965 , 1049 F FAIR BUSINESS PRACTICES ACT OF 1975 Buying services 1347 Charitable organizations; professional fund raisers and professional solicitors 968 Consumer transactions; purchase of dwelling; tender requirement waiver in private actions 794 Promotional giveaways and contests 1386 FANNIN COUNTY Board of commissioners; elections; terms 4988 Board of education; school superintendent; nonpartisan elections; referendum 5494 Transfer of Georgia Forestry Commission structure 674 FAYETTE COUNTY Board of commissioners; compensation; expenses 4409 Board of education; election; local constitutional amendment continued 3736 Clerk of the superior court; compensation 4404 Fayette County Industrial Building Authority Act of 1962; repeal 5530 Fayette County Water Authority; creation 4026 Judge of the probate court; compensation 4414 Magistrates; elections 4406

Page XCII

Sheriff; compensation 4412 Staggered motor vehicle registration periods 4020 Superior court; additional judge 279 Tax commissioner; compensation 4417 FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY Act repealed 5530 FAYETTE COUNTY WATER AUTHORITY Creation 4026 FEDERAL LIABILITY RISK RETENTION ACT OF 1986 Regulation of risk retention groups and purchasing groups; insurance 875 FIREARMS Possession by persons on probation as first offenders; penalty; release from disabilities 476 Possession during commission of a crime; arm's reach 624 Private detectives and security officers 1400 FIRE PROTECTION AND SAFETY Absentee voting 465 Arson investigators; witness fees 404 Code revision 3 Elevators; dumbwaiters; escalators; manlifts; moving walks 1470 Georgia Firefighter Standards and Training Act; public safety officers 373 Georgia Firemen's Pension Fund; membership; reinstatement to active status; waiver of disability benefits; interest and penalties 1040 Hazardous Materials Emergency Response Advisory Council 711 Indemnification of firemen and emergency medical technicians; death or permanent disability; procedures 822 Smoke detectors 1470 Smoke detectors; required in new dwelling units; placement; standards 989 FIRST OFFENDERS Possession of firearms 476 FIRST PRESBYTERIAN CHURCH OF MILLEDGEVILLE Lease of state owned real property 714 FITZGERALD, CITY OF Fitzgerald and Ben Hill County Development Authority; local constitutional amendment continued 3529 Tax for promoting industry; local constitutional amendment continued 3527

Page XCIII

FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3529 FITZGERALD, MR. BRYAN TODD Compensation 733 FLAT SHOALS PARKWAY 724 FLORIDA Fishing licenses for Florida residents over 65; reciprocal agreements 365 Nonresident commercial fishing license fees 663 FLOVILLA, CITY OF Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 FLOYD COUNTY Board of education; districts; school superintendent; local constitutional amendment continued 3518 Board of education; temporary loans; local constitutional amendment continued 4118 Bonds; schools beyond the twelfth grade; area schools; local constitutional amendment continued 3516 Clerk of the superior court; judge of the probate court; compensation; supplements 5275 Juvenile court; judge; local constitutional amendment continued 3520 Tax commissioner; compensation; supplement 5130 Unified Rome-Floyd County School System; creation; referendum 4994 FOOD, DRUGS, AND COSMETICS Dietitians and dietetic counselors; licensing 1149 Drugs; controlled substances; dangerous drugs; lists; withholding information from a practitioner 261 Drugs; generic substitutions; prescription forms; pharmaceutically equivalent 1131 Food; liability limitation for gleaners or donors of canned or perishable food; charitable or nonprofit organizations 832 Poultry; control and prevention of diseases 525 Wholesale fish dealers; licenses; fees; nonresidents 908 FORT GAINES, CITY OF Port and terminal facilities; local constitutional amendment continued 5284 Tax for promoting new industries; local constitutional amendment continued 5288

Page XCIV

FORT OGLETHORPE, TOWN OF Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; local constitutional amendment continued 3588 FORT VALLEY, CITY OF Redevelopment powers; referendum 5409 FORSYTH COUNTY Board of registrations and elections; creation 5381 FRANCHISES Petroleum dealers; trial franchises; death or retirement of dealer 1459 FRANKLIN COUNTY Commissioner; advisory board; meeting dates; compensation 4364 Franklin County Industrial Building Authority; local constitutional amendment continued 3582 Superior court; judges; salary supplements 5479 Transfer of Georgia Forestry Commission structures 728 FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 3582 FULTON COUNTY Board of education; temporary loans; local constitutional amendment continued 4118 Community improvement districts; creation; bonds; taxes 5460 Homestead exemption; residents 70 or older or disabled; referendum 4132 Retirement and pension fund for county and school system employees; local constitutional amendment continued 3703 FUNERAL DIRECTORS Apprentices 403 FUNERALS Immunity of law enforcement officers escorting funeral processions 993 G GAINESVILLE, CITY OF Gainesville Redevelopment Authority; local constitutional amendment continued 3637 Independent school district; homestead exemption; referendum 4209

Page XCV

GAINESVILLE REDEVELOPMENT AUTHORITY Local constitutional amendment continued 3637 GAMBLING Promotional giveaways and contests; lotteries 1386 GAME AND FISH Code revision 3 Fishing licenses for Florida residents over 65; reciprocal agreements 365 Food fish dealers; licenses repealed; wholesale fish dealers; licenses; fees 908 Fox; permit to trap, sell, and purchase live fox; commercial fox hunting preserves; breeding; fees 469 Free fishing days 536 Hunting antlerless or either-sex deer on certain days 530 License fees; license agents; intent 179 Nonresident commercial fishing licenses; fees; citizens of contiguous states 663 Waterfowl stamp; funds 357 Wildlife importation permits 663 GARNISHMENT Partnerships; reaching interest of a partner 1444 GASOLINE Gasoline stations; dispensing at self-service prices to holders of handicapped parking permits 1464 Trial franchises for designated family members upon death or retirement of dealer 1459 GENERAL ASSEMBLY Appropriations; Georgia State Indemnification Fund 822 Appropriations; hospital care for nonresident indigents 1494 Code revision 3 Disrupting or preventing sessions or meetings; entering capital with weapons 614 Hazardous Materials Emergency Response Advisory Council 711 Legislative counsel; election by the Legislative Services Committee 360 Legislative Services Committee; audits; minutes of meetings 1046 Metropolitan Atlanta Rapid Transit Overview Committee; membership 670 Retirement bills; procedures; funding 240 Studies by Commissioner of Insurance of impact of changes in civil laws 870 GENERAL PROVISIONS Acts; repeal, repeal and reenactment, or amendment of criminal laws; effect on prosecution 260

Page XCVI

County governing authority redefined 1482 Peace Officer Memorial Day; Police week 869 GENERIC DRUGS Substitution; prescription forms 1131 GEOLOGISTS Regulation; certificates; board; termination dates 603 GEORGIA ADMINISTRATIVE PROCEDURE ACT Buying services 1347 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY State employees' health insurance; coverage 662 GEORGIA ALLOCATION SYSTEM Bonds; allocation among governmental units and authorities 486 GEORGIA ANTITERRORISTIC TRAINING ACT Teaching or attending classes or demonstrations 866 GEORGIA ASBESTOS SAFETY ACT License exemptions 964 GEORGIA BOAT SAFETY ACT Accidents; numbering of vessels; type v P.F.D.s; engine exhaust; Lake Hartwell Dam boating safety zone; uniform rules of the road for vessels 567 GEORGIA BUREAU OF INVESTIGATION Rebuilt, salvaged, or restored motor vehicles; inspection repealed 626 GEORGIA COGENERATION ACT OF 1979 Sale or disposition of useful energy by resource recovery development authorities; exemption 1021 GEORGIA CORONER'S TRAINING COUNSEL Membership; quorum; curriculum advisory committee 340 GEORGIA COUNCIL FOR THE ARTS Art in State Buildings Program; creation 891

Page XCVII

GEORGIA CRIME INFORMATION CENTER Day-care centers; records checks 1416 Private detectives and security officers; criminal records checks; fingerprints 1400 GEORGIA DRIVER IMPROVEMENT ACT Clinics; fees 431 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Duties; contracts; loans to local governments 642 GEORGIA FIREFIGHTER STANDARDS AND TRAINING ACT Public safety officers 373 GEORGIA FIREMEN'S PENSION FUND Membership; reinstatement to active status; waiver of disability benefits; interest and penalties 1040 GEORGIA FORESTRY COMMISSION Transfer of structure to Fannin County Board of Commissioners 674 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Definitions of student and eligible student 1119 Service cancelable loans; reports 378 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Deductibles; total benefit limits 1433 Definitions; operation, maintenance, or use of a motor vehicle 1116 Minimum term; payment in advance; proof of insurance; financial responsibility; license suspensions; notices of cancellation; penalties 542 Motorcycle operators; proof of insurance 553 Moving uninsured vehicles; powers of law enforcement officers; ambulances operated by the state; deposits of licenses in lieu of bail 542 GEORGIA POLYGRAPH EXAMINERS ACT Licenses; qualifications of applicants; State Board of Polygraph Examiners; termination date 370 GEORGIA POWER COMPANY Conveyance of state property in Taliaferro County 688

Page XCVIII

GEORGIA PUBLIC SAFETY TRAINING CENTER Unmarked pursuit vehicles; security police force 317 GEORGIA RESIDENTIAL FINANCE AUTHORITY Residential energy conservation; financial assistance; investments; lowincome housing credits; bonds 234 GEORGIA SOUTHWESTERN COLLEGE Motor vehicle license plates 337 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION General obligation debt; public library, water, and sewerage facilities; loans to local governments 642 GEORGIA STATE INDEMNIFICATION COMMISSION Membership; procedures; time limits; appropriations 822 GEORGIA STATE PATROL Georgia Public Safety Training Center; unmarked pursuit vehicles 317 GEORGIA STATE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY LICENSING ACT Enactment 1072 GEORGIA TIME SHARE ACT Promotional giveaways and contests 1386 GEORGIA WAR VETERANS NURSING HOME Joel E. Scott Building designated 742 GEORGIA YOUTH CONSERVATION CORPS Creation 922 GIFTS Anatomical gifts; organ procurement agencies; preferences; Advisory Board on Anatomical Gift Procurement 1101 GILMER COUNTY Ellijay-Gilmer County Water and Sewerage Authority; creation 5424 Sheriff; deputies and personnel; equipment; automobiles 4777

Page XCIX

GLASCOCK COUNTY Board of commissioners; clerk; compensation; bond; contracts 5281 Board of education; election; local constitutional amendment continued 3807 Chief deputy sheriff; deputy sheriffs; compensation 5128 Glascock County Industrial Development Authority; local constitutional amendment continued 3809 GLASCOCK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3809 GLYNN COUNTY Ad valorem taxes; goods in transit; local constitutional amendment continued 3614 Ad valorem taxes; homesteads of residents 62 or older or disabled; local constitutional amendment continued 3728 Board of commissioners; expense allowance 4908 Brunswick and Glynn County Development Authority; local constitutional amendment continued 3659 Brunswick and Glynn County Development Authority; membership 5391 Business licenses in unincorporated areas; local constitutional amendment continued 3612 Distilled spirits and alcoholic beverages; sales by the drink; hours; local constitutional amendment continued 3616 Homestead exemption; taxes for educational purposes; local constitutional amendment continued 3610 Jekyll Island-State Park Authority; ordinance violations; prosecutions; magistrate, state, and superior courts; jurisdiction 1117 Superior court; additional judge 1145 GOVERNOR Magistrates, constables, and clerks; commissions 398 GOVERNOR'S TASK FORCE ON ADULT LITERACY Creation 678 GREENE COUNTY School superintendent; appointment; referendum 4973 GRIFFIN, CITY OF Board of commissioners; membership; districts; reapportionment 4231 Griffin-Spalding County School System; local constitutional amendment continued 3545 GRIFFIN JUDICIAL CIRCUIT Additional judge 279

Page C

GUARDIAN AND WARD Code revision 3 Guardianship hearings; fees for examining psychologists and physicians; appointed attorneys' fees; additional fees 401 Judges of the probate courts as custodians of funds of minors and incapacitated adults amounts; discretion; bonds; unclaimed funds 979 Probate court jurisdiction in counties of more than 150,000 912 State Board of Workers' Compensation; appointment of guardians for incapacitated adults entitled to workers' compensation benefits 814 Workers' compensation; guardians of minors or incompetent claimants; powers 396 GWINNETT COUNTY Board of commissioners; compensation; expenses 4854 Board of commissioners; county-wide recreation taxing district; referendum 5543 Board of commissioners; meetings 5557 Merit system; unclassified service 5388 Recorder's court 3765 State court; additional judge; chief judge 5457 Superior court; additional judge 331 GWINNETT JUDICIAL CIRCUIT Additional judge 331 H HABERSHAM COUNTY State court; judge and solicitor; compensation; practice of law 5330 State court; solicitors pro tempore 4980 State court; terms; jury panels 4978 HABITUAL VIOLATOR Definition; drivers' licenses; suspension 1082 HALL COUNTY Board of elections; creation 4245 Fire prevention districts; local constitutional amendment continued 3661 State court; terms 4773 Superior court; terms 296 HANCOCK COUNTY Board of commissioners; chairman; compensation 4891 Board of education; election; local constitutional amendment continued 3732

Page CI

Superior court; terms 294 HANDICAPPED PERSONS Buildings and facilities; access; standards; parking lots and facilities 1425 Gasoline stations; dispensing at self-service prices to holders of handicapped parking permits 1464 Handicapped newborn persons; registration; referral and treatment 393 Handicapped parking permits; special permanent permits; gasoline stations to dispense at self-service prices to holders of permits 1464 Handicapped parking spaces; designation; signs; towing vehicles; penalties 1439 Voting 1360 HAND UP, INC. Appropriations from City of Calhoun; local constitutional amendment continued 3590 HAPEVILLE, CITY OF Hapeville Development Authority; local constitutional amendment continued 4961 HAPEVILLE DEVELOPMENT AUTHORITY Local constitutional amendment continued 4961 HARALSON COUNTY Clerk of the superior court placed on an annual salary 3503 Commissioner; compensation 3506 Superior court; terms 37 HARRIS COUNTY Coroner; salary 4306 HART COUNTY Superior court; judges; salary supplements 5479 HAZARDOUS MATERIALS Immunity for assisting in mitigating effects of discharge 810 HAZARDOUS MATERIALS EMERGENCY RESPONSE ADVISORY COUNCIL Re-creation 711 HEALTH Abortion; unemancipated minors; Parental Notification Act 1013 Absentee voting 465

Page CII

Ambulance operated by the state; insurance 542 Blood donations 1091 Boxing; professional boxing match redefined 480 Code revision 3 Communicable diseases; transmission by inmates; medical examinations and tests; warrants; costs 1446 County boards of health; creation by ordinance in counties of 550,000 or more 169 County boards of health; membership 185 Dietitians dietetic counselors; licensing 1149 Emergency medical technicians; indemnification; death or permanent disability; procedures 822 Handicapped newborn persons; registration; referral; contractors to register services 393 Health care providers; tort immunity 986 Hospital care for nonresident indigents 1494 Hospitals and ambulatory surgical centers; review of professional practices; peer review committees; permits; records; immunity 1494 Hospitals; annual reports to the Health Planning Agency 573 Hospitals; nonprofit; tort immunity of members, directors, trustees, and officers 986 Immunization of students; waivers; time periods; extensions 319 Living wills; revocation 322 Medical Malpractice Reform Act of 1987 887 Medical records; release to coroners of other states; subpoenas 559 Occupational diseases; workers' compensation; medical examinations; autopsies 1474 Organ procurement agencies; preferences; Advisory Board on Anatomical Gift Procurement 1101 Peer review groups; rehabilitation suppliers 656 Psychology; license requirements 343 State Personnel Board; employee assistance program 990 HEARD COUNTY Magistrate court; chief magistrate; compensation 4395 Tax commissioner; chief deputy; deputies, clerks, assistants, and employees; vacancies 4254 HENRY COUNTY Board of commissioners; compensation 4462 Board of commissioners; qualifications 4464 HIGHWAYS, BRIDGES, AND FERRIES C.W. Bradley Bridge 693 Department of Transportation; employees injured in the line of duty; compensation 390 Dimension and weight limits for vehicles; vehicles exceeding 60 feet in length; designation of roads; signs 1030

Page CIII

Flat Shoals Parkway designated 724 Hazardous Materials Emergency Response Advisory Council 711 Homer Chance Highway; designated 681 J.R. Allen Parkway; designated 677 Smith, Joseph Wilson, Bridge 676 Special purpose county sales and use tax 1322 Trucks with more than six wheels; travel on multilaned streets and highways 361 Vehicle weight and dimension limits; county road systems; designation of roads, streets, and highways 414 HODGES, MR. RAY R. Compensation 705 HOGANSVILLE, CITY OF Hogansville Development Authority; local constitutional amendment continued 3602 HOGANSVILLE DEVELOPMENT AUTHORITY Local constitutional amendment continued 3602 HOLLY SPRINGS, CITY OF Corporate limits 4964 HONORARY DEGREES Nonpublic colleges, universities, and schools; regulation 1120 HOSPITALS Annual reports to the Health Planning Agency 573 Blood donations 1091 Hospital care for nonresident indigents; funds 1494 Immunity from liability for torts 986 Medical records; release to coroners of other states; subpoenas 559 Review of professional practices; peer review; licenses; records; immunity 1494 HOTEL-MOTEL TAX Rates; expenditure of proceeds; exemptions; audits 635 HOUSING AUTHORITIES Private enterprise agreements; investments; bonds 283 HOUSTON COUNTY Magistrate court; law library fees 5412 State court; costs in civil cases 5414

Page CIV

I INCOME TAXES Evasion; criminal penalties 444 Revision 191 INDICTMENTS Quashing two indictments as bar to further prosecution 529 ILLEGITIMATE CHILDREN Inheriting from father 632 INSURANCE Accident and sickness insurance issued on a franchise plan; requirements for placing policies in force 1486 Ambulances operated by the state 542 Cancellation of policies; procedure; notices of changes and increases in premiums 1466 Code revision 3 Direct response insurance business; registered agents; offices or toll free telephone service 1054 Georgia Motor Vehicle Accident Reparations Act; coverages; deductibles; total benefit limits; pleading or recovering amount of deductible 1433 Georgia Motor Vehicle Accident Reparations Act; definitions; operation, maintenance, or use of a motor vehicle 1116 Georgia Motor Vehicle Accident Reparations Act; minimum term of policies; prepayment; proof of insurance; license suspensions; notices of cancellation; ambulances; removing uninsured vehicles; deposit of licenses in lieu of bail 542 Georgia Motor Vehicle Accident Reparations Act; motorcycle operators; proof of insurance 553 Group accident and sickness insurance; requirements for placing policies in force 1486 Group life insurance; maximum coverage for debtors 1333 Group life insurance; requirements for placing policies in force 1486 Interlocal risk management agencies 1454 Publicly owned corporations; insuring employees; individual life or accident and sickness policies 389 Public officers and employees; liability insurance and indemnification 993 Public school employees health insurance; retired former employees of public schools and community colleges of local school systems 1037 Rates; approval of property and casualty rates, policies, and contracts, equitable apportionment among insurers; examinations; claim reserves; hearing costs; studies of changes in civil laws 870 Rates; maximum modifications to classifications of risks; establishment by Commissioner 911 Risk retention groups formed pursuant to the Federal Liability Risk Retention Act of 1986; regulation; purchasing groups 875

Page CV

Simplification of language and reading case standards; homeowners, tenant homeowner's, and automobile insurance policies 1047 State authorities; Department of Administrative Services 176 State employees' health insurance; Georgia Agrirama Development Authority; coverage 662 State employees' health insurance; district attorneys' investigators 1337 State employees' health insurance; Jekyll IslandState Park Authority 1035 State employees' health insurance; probation employees; counties of 550,000 or more 1005 Tort Reform Act of 1987 915 Workers' compensation; insurers to maintain offices and agents in state 806 INTANGIBLE PERSONAL PROPERTY TAXES Corporate stock; domesticated foreign corporation defined 266 INTEREST AND USURY Post-judgment interest; automatic applicability 352 INTERLOCAL RISK MANAGEMENT AGENCIES Definitions; excess insurance; sovereign immunity 1454 IRON CITY, TOWN OF New charter 4136 IRWIN COUNTY Ocilla-Irwin County Industrial Development Authority; local constitutional amendment continued 3817 J JACKSON, CITY OF Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 JAILERS Oaths 342 JASPER, CITY OF City of Jasper Industrial Development Authority; local constitutional amendment continued 3564

Page CVI

JEFF DAVIS COUNTY Superior court; additional judge 1145 Taxation of capital improvements of new industries; political subdivisions in county; local constitutional amendment continued 5265 JEFFERSON COUNTY Coroner; holding office in city of Louisville 4460 Magistrate court; law library fees 4274 JEKYLL ISLAND-STATE PARK AUTHORITY Employees; state employees health insurance; Employee's Retirement System of Georgia; nonmembership 1035 Ordinance violations; prosecution; Glynn County; courts; jurisdiction 1117 JENKINSBURG, CITY OF Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; vacancies 4505 JENKINSBURG, TOWN OF New charter 4328 JENKINS COUNTY Board of education; compensation and expenses 3584 Jenkins County Development Authority; local constitutional amendment continued 3798 JENKINS COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3798 JOHNS TIMBER COMPANY Conveyance of state owned property 736 JONES COUNTY Employees; publication of name, department, and salary 4308 Magistrate court; judge of the probate court as chief magistrate; compensation; magistrates and personnel 3700 JUDGMENTS Motion to set aside a judgment based upon lack of jurisdiction over the person 564 Post-judgment interest 352

Page CVII

JURIES Jury lists; selection of trial and grand jurors; number of names drawn as grand jurors 953 Population of counties in which more than 70 percent of population resides on federal property; revision of jury lists 1575 Withdrawal of a waiver of trial by jury; traffic offenses 329 JUVENILE COURTS Abortion; Parental Notification Act; jurisdiction 1013 Child controlled substance or marijuana abuse reports 1000 Deprived children; shelter care 479 Designated felony act redefined 1012 Juvenile Justice Coordinating Council; creation; community-based services 1576 JUVENILE JUSTICE COORDINATING COUNCIL Creation; duties; community-based services 1576 JUVENILES Child controlled substance or marijuana abuse reports 1000 Cigarettes and tobacco related objects; selling or furnishing to or purchase by minors under 17; misrepresenting age; signs; vending machines 945 Persons under 17 sentenced as adults; committment to Division of Youth Services until 18; transfer to Department of Corrections 1335 K KENNESAW, CITY OF Candidates; qualifications 4780 Corporate limits 5299 KNIVES Possession during commission of a crime; arm's reach 624 KNOBBED WHELK Official state seashell; designation 1130 L LABOR AND INDUSTRIAL RELATIONS Boiler and Pressure Vessel Safety Act; inspections; special investigators; reports; fees; exemptions; limitation on liability 1349 Child support recovery 1114 Code revision 3

Page CVIII

Department of Labor; offices; lease or rental; funds 1007 Department of Labor; supplemental appropriation; unemployment trust fund 481 Department of Transportation; employees injured in the line of duty 390 Employees attending judicial proceedings; discipline prohibited; causes of action; damages; contempt of court 1156 Employment security; administrative assessment upon all wages; exceptions; rates 139 Employment security; maximum weekly benefit; discharge or suspension from employment for cause; effect 435 Workers' compensation; county governing authorities; elected members 1038 Workers' compensation; Department of Transportation; employees 390 Workers' compensation; guardians for incapacitated adults; appointment by State Board of Workers' Compensation 814 Workers' compensation; guardians of minors or incompetent claimants; powers 396 Workers' compensation; independent contractors; group self-insurance funds for employees of trade or professional associations 1110 Workers' compensation; local public authorities, commissions, boards, and agencies; group workers' compensation self-insurance funds; excess insurance 1397 Workers' compensation; occupational diseases 1474 Workers' compensation; Subsequent Injury Trust Fund; reimbursement; limitations; standards for rate; review 820 Workers' compensation; termination of dependency of partial dependents; appeals; insurers' offices and agents; liability of employers; payment of income benefits 806 LAGRANGE, CITY OF Bonded debt limit; waterworks; local constitutional amendment continued 3600 Corporate limits 4721 Downtown LaGrange Development Authority; local constitutional amendment continued 3596 LaGrange Development Authority; local constitutional amendment continued 3512 LAGRANGE DEVELOPMENT AUTHORITY Local constitutional amendment continued 3512 LAKE HARTWELL DAM Boating safety zone 567 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Ordinances; security officers; alcoholic beverage sales 445 LAKE PARK, CITY OF Corporate limits 5270

Page CIX

LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY Local constitutional amendment continued 3588 LAMAR COUNTY Board of commissioners; size of board; districts; elections; special election 3752 Board of education; elections; districts; vacancies; referendum 3740 City of Barnesville and County of Lamar Development Authority; local constitutional amendment continued 3730 County manager; office created 4399 LANDLORD AND TENNANT Dispossessory proceedings; mobile homes, manufactured homes, etc.; storage costs; fees; liens 842 LAURENS COUNTY Board of education; election; local constitutional amendment continued 4521 Bonds; educational facilities beyond the twelfth grade; local constitutional amendment continued 4523 City of Dublin and County of Laurens Development Authority; local constitutional amendment continued 4525 County administrator; office created 5552 LAW ENFORCEMENT OFFICERS AND AGENCIES Absentee voting 465 Code Revision 3 Corrections employees; assisting law enforcement officers and local correctional officers 454 Day-care centers; records checks of directors and employees; licenses 1416 Driving under the influence; reports; time limits 1489 Drugs; use of money, property, or proceeds seized or forfeited pursuant to federal law 840 Funeral processions; immunity of law enforcement officers 993 Georgia Bureau of Investigation; inspection of rebuilt, salvaged, or restored motor vehicles repealed 626 Georgia Crime Information Center; day-care centers; records checks 1416 Georgia Crime Information Center; private detectives and security officers; criminal records checks; fingerprints 1400 Georgia Police Academy; curriculum advisory committee to the Georgia Coroner's Training Council 340 Georgia Public Safety Training Center; unmarked pursuit vehicles; security police force 317 Georgia State Patrol; unmarked pursuit vehicles; Georgia Public Safety Training Center; security police force 317 Hazardous Materials Emergency Response Advisory Council 711 Indemnification of law enforcement officers; death or disability; procedures 822 Peace Officer Memorial Day; Police Week 869

Page CX

Peace Officers' Annuity and Benefit Fund; fines and forfeitures for county ordinance violations 475 Peace Officers' Annuity and Benefit Fund; investments 473 Public safety officers; firefighters standards and training 373 Removing uninsured motor vehicles 542 Retired peace officers; federal retirees 1141 Sheriffs' Retirement Fund of Georgia; board of commissioners; term of the retired member 535 Sheriffs' Retirement Fund of Georgia; investments 534 Solicitation or acceptance of funds or equipment by law enforcement officers authorized; conditions 906 Witness fees; arson investigators 404 Witness fees in civil cases 834 LAW LIBRARIES Superior court judges; law libraries 843 LEE COUNTY Business license fees and occupational taxes; local constitutional amendment continued 3698 Staggered motor vehicle registration periods 4403 LEGISLATIVE COUNSEL Election by the Legislative Services Committee 360 LEGISLATIVE SERVICES COMMITTEE Audits; minutes of meetings 1046 LENDER CREDIT CARD ACT Repeal; The Credit Card and Credit Card Bank Act enacted 268 LEVY AND SALE Tax executions; advertisements; cost 1049 LIBRARIANS State Board for the Certification of Librarians; membership; termination date 355 LIBRARIES Superior court judges 843 LIBRARY RECORDS Confidentiality; disclosure; immunity 595

Page CXI

LIENS Dispossessory proceedings; manufactured homes; mobile homes; trailers; storage costs; fees 842 Filing; federal Superfund Amendments and Reauthorization Act of 1986 1023 Notices of sale; clothing; shoe repair liens 382 Shoe repair 382 LILBURN, CITY OF Mayor and council; vacancies 4207 LINWOOD, TOWN OF Election; mayor and council; compensation; clerk, marshal, treasurer, police; judge of municipal court 3775 LITERACY Governor's Task Force on Adult Literacy; creation 678 LITTERING Penalties 813 LITTLE OCMULGEE STATE PARK L.L. (Pete) Phillips Conference Center designated 704 LIVING WILLS Revocation 322 LOCAL GOVERNMENT Absentee voting 465 Airports; lease of property in counties of 550,000 or more 631 Alcoholic beverage sales on Sunday in counties of 160,000 or more and in municipalities in such counties 381 Auctioneers; regulation 596 Audits; governments having expenditures of less than $100,000.00 349 Bonds; Georgia Allocation System 486 Bonds; proceeds 334 Bonds; proceeds; local government investment pool 334 Buildings; handicapped persons; access; standards; parking lots 1425 Burial places; permits for disturbing; penalties 387 Child abuse protocol; county agencies and offices; committees 1065 Code revision 3 Coroners; mayors of municipalities of 5,000 or less; simultaneous service 630 Counties; boards of commissioners of counties of 550,000 or more; compensation 173 Counties; county administrators (estates); qualifications; annual fees 477

Page CXII

Counties; governing authorities; jurisdiction of judges of the probate courts in county matters 1482 Counties; governing authority members; workers' compensation coverage 1038 Counties; governing authorities; original and exclusive jurisdiction 1051 Counties; hospital care for nonresident indigents 1494 Counties of 17,510-17,560; coroners; salary; Act repealed 316 Counties of 550,000 or more; volunteer legal service agencies; fees 282 Counties; public works; bids; emergency waiver 641 Counties; public works contracts; counties of 550,000 or more 166 Counties; real property; private sales 1100 Counties; special purpose county sales and use tax 1322 Counties; State Board of Pardons and Paroles; reimbursement for medical services 428 Counties; tax collectors and tax commissioners; minimum salaries 366 County boards of health; creation by ordinance in counties of 550,000 or more 169 County boards of health; membership 185 County building authorities in counties of 550,000 or more; membership; bonds 1491 County departments of family and children services; disposition of unclaimed property of former clients 541 County law libraries; libraries for judges of the superior courts 843 County ordinance violations; fines and forfeitures; Peace Officers' Annuity and Benefit Fund 475 Court clerks; fees for transmitting reports of traffic convictions 392 Criminal acts on property of a political subdivision; immunity of subdivision; sovereign immunity 433 Development authorities; disposition of real property for fair market value 1067 Employees on military duty; compensation 1299 Ethics in Government Act; revision 297 Hotel-motel tax 635 Housing authorities; private enterprise agreements; investments; bonds 283 Interlocal risk management agencies 1454 Library, water, and sewerage facility loans 642 Local government investment pool; bond proceeds 334 Metropolitan Area Planning and Development Commissions; annual per resident assessments 555 Municipal corporations; calling special elections if all seats on governing authority are vacant 178 Municipal corporations; criminal trespass by motor vehicle; ordinances 837 Municipal corporations; governing authorities; retirement and pensions 1055 Municipal corporations of not less than 400,000; contracts not exceeding 50 years 275 Municipal corporations; uniform municipal election dates; biennial elections; terms of office 787 Municipal courts; theft by shoplifting; jurisdiction; penalties 1153 Municipal Gas Authority of Georgia; creation 745 Municipalities of more than 300,000; traffic courts; senior judges 167 Municipalities of 400,000 or more; bonded indebtedness; issuance without a referendum; proposed amendment to the Constitution 1598 Municipalities of not less than 400,000; contracts; downtown development areas; urban redevelopment areas 175

Page CXIII

Municipal property; sale 1051 Nuisances; cultural facilities 999 Official Directory of State and County Officials and Officers; publication 432 Parties in cases pertaining to real property or special statutory proceedings 1064 Penal institutions; transmission of communicable diseases by inmates; medical examinations and tests; warrants; costs 1446 Public safety officers; firefighter standards and training 373 Redevelopment Powers Law; definitions 967 Resource Recovery Development Authorities Law; sale or disposition of useful energy not subject to the Georgia Cogeneration Act of 1979 1021 Rural Economic Development Law 1142 School systems; consolidation or merger; teacher tenure 1018 Special purpose county sales and use tax 1322 Tax collections; lock box systems; contracts 374 Tax executions; procedures for reducing to judgments 665 Torts; immunity from liability for officers of local governmental agencies, boards, authorities, or entities 986 Urban Residential Finance Authorities Act For Large Municipalities (400,000 or more) 150 Workers' compensation; group self-insurance funds; local public authorities, boards, and agencies 1397 LOTTERIES Promotional giveaways and contests 1386 LOUISVILLE, CITY OF Coroner authorized to hold city office 4460 LOWNDES COUNTY School superintendent; appointment; referendum 4124 Superior court; judges; salary supplement 3983 Valdosta-Lowndes County Airport Authority; creation 4495 LOW-VOLTAGE CONTRACTORS License exemptions; Georgia Asbestos Safety Act 964 LUMPKIN COUNTY School superintendent; appointment; referendum 3586 M MACON, CITY OF Macon-Bibb County Water and Sewerage Authority; executions on orders assessing civil penalties; liens 4824

Page CXIV

Macon-Bibb County Water and Sewerage Authority; members; compensation; expenses 4821 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Members; compensation; expenses 4821 Executions on orders assessing civil penalties; liens 4824 MADISON COUNTY Superior court; judges; salary supplements 5479 MAGISTRATE COURTS Appeals to superior or state courts 1009 Attorney's fees; court costs; expenses of litigation; appeals 397 Civil court judges pro tempore; service as magistrates pro tempore 484 Clerks; fees for transmitting reports of traffic convictions 392 Clerks; qualifications 364 Fees; writs of execution; writs of fier; facias; clerks of superior courts 320 Jurisdiction; bad checks 1032 Jurisdiction; civil 399 Jurisdiction; ordinances of state authorities 448 Magistrates; carrying pistols in public buildings 358 Magistrates, constables, and clerks; commissions 398 Practice of law by magistrates; restrictions 430 Volunteer legal service agencies in counties of 550,000 or more; fees 282 MANLIFTS Installation; inspection; permits; accident reports 1470 MARIETTA, CITY OF Corporate limits 5272 Corporate limits; deannexation 4808 MARIJUANA Child controlled substance or marijuana abuse reports 1000 MARRIAGE LICENSES Issuance in any county if one party is a resident of this state 409 License fees 1133 MARSHALLVILLE, CITY OF New charter 3993 MARYLAND Regional interstate banking 251

Page CXV

MATLOCK, LOVERNE Compensation 735 McDUFFIE COUNTY Board of commissioners; chairman; compensation 4304 Board of education; school superintendent; local constitutional amendment continued 3604 McINTOSH COUNTY Bonded indebtedness for educational purposes; local constitutional amendment continued 3657 MEDICAL COLLEGE OF GEORGIA Motor vehicle license plates 660 MEDICAL MALPRACTICE Investigations 407 MEDICAL MALPRACTICE REFORM ACT OF 1987 887 MEDICAL RECORDS Release to coroners of other states 559 MEDICINE Blood donations 1091 Generic drug substitution; prescription forms 1131 MENTAL HEALTH Code revision 3 Interference with custody; retaining possession of committed person upon expiration of a lawful period of visitation 561 Mentally ill, alcoholic, or drug dependent individuals; disposition after judicial hearings; involuntary outpatient treatment; effective date of laws relative to alcoholic persons 797 MERIWETHER COUNTY Board of commissioners; compensation 4259 Board of commissioners; compensation; expenses 4261 METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS Annual per resident assessments 555

Page CXVI

METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Membership; committee designations 670 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Georgia Antiterroristic Training Act 866 Georgia War Veterans Nursing Home; Joel E. Scott Building designated 742 Hazardous Materials Emergency Response Advisory Council 711 Public officers and employees; compensation while on military duty 1299 MILLEDGEVILLE, FIRST PRESBYTERIAN CHURCH OF Lease of state owned real property 714 MINORS Abortion; Parental Notification Act 1013 Aggravated child molestation; definition; penalties 617 Alcoholic beverages; municipal court jurisdiction 1462 Child abuse protocol among county agencies and offices 1065 Child controlled substance or marijuana abuse reports 1000 Cigarettes and tobacco related objects; selling or furnishing to or purchase by minors under 17; signs; vending machines; penalties 945 Day-care centers; records checks of directors and employees; licenses 1416 Deprived children; shelter care 479 Felonies against victims under 14 years of age 330 Georgia Youth Conservation Corps; creation 922 Homicide of a child; judgments; apportionment between parents who are divorced, separated, or living apart 619 Husband and wife; evidence; crimes against minor children 1155 Illegitimate children; inheriting from father 632 Judges of the probate courts as custodians of funds 979 Juvenile courts; designated felony act redefined 1012 Juvenile Justice Coordinating Council; creation; community-based services 1576 Persons under 17 sentenced as adults; committment to Division of Youth Services until 18; transfer to Department of Corrections 1335 Sexual exploitation of children 1164 State Children's Trust Fund 1133 Tattooing person under 16 prohibited 443 MITCHELL COUNTY School superintendent; appointment; referendum 3508 MOBILE HOMES Dispossessory proceedings 842 MOBLEY, MR. MATTHEW PAUL Compensation 706

Page CXVII

MONROE COUNTY Board of commissioners; elections; terms; districts; officers 5334 Homestead exemption; local constitutional amendment continued 3823 MORGAN COUNTY Morgan County Development Authority; local constitutional amendment continued 3705 Tax for promoting industries; local constitutional amendment continued 3560 MORGAN COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3705 MORROW, CITY OF Mayor and councilmen; terms; quorum; compensation 4983 MOTION PICTURES Sexual exploitation of children; visual media 1164 MOTOR COMMON CARRIERS Dump trucks and transit mixer vehicles 1090 MOTOR CONTRACT CARRIERS Dump trucks and transit mixer vehicles 1090 MOTOR VEHICLES AND TRAFFIC Ambulances operated by the state; insurance 542 Bicentennial license plates 949 Certificates of title; rebuilt, salvaged, or restored motor vehicles; inspections 626 Certificates of title; vehicles not for highway use 655 Code revision 3 Criminal trespass by motor vehicle 837 Driver improvement clinics; fees 431 Drivers' licenses; deposit in lieu of bail; uninsured motorists 542 Drivers' licenses; suspension; notice; habitual violator redefined; time periods; probationary licenses; serious injury by vehicle; point count 1082 Driving under the influence; implied consent; reports of law enforcement officers; periods of suspension 1489 Driving under the influence; violations of federal law, local ordinances, or current or prior laws of this state or other states 904 Dump trucks and transit mixer vehicles 1090 Emissions inspection fees 626 Fees paid to court clerks for transmitting reports of traffic convictions 392 Habitual violator; redefined 1082

Page CXVIII

Handicapped Parking Law; designation of handicapped parking spaces; signs; towing vehicles; penalties 1439 Handicapped parking permits; special permanent permits; gasoline stations to dispense at self-service prices to holders of permits 1464 Length and width limits on vehicles transporting boats 846 License plates; Agnes Scott College 339 License plates; Augusta College 658 License plates; bicentennial license plates 949 License plates; colleges and universities; renewal or revalidation after December 31, 1989 658 License plates; Georgia Southwestern College 337 License plates; Medical College of Georgia 660 License plates; Paine College 658 License plates; trailers 949 License plates; waiver of fee for mailing 655 Littering; penalties 813 Motorcycle operators; proof of insurance 553 Parking lots; access by handicapped persons; standards 1425 Parking; removal of improperly parked vehicles; municipalities of 100,000 or more 1442 Registration and licensing; penalties; time limits; bicentennial license plates; trailers; false statements 949 Staggered registration periods; penalty 1 Trailers; special license plates 949 Trials; withdrawal of a waiver of trial by jury 329 Trucks with more than six wheels; lanes 361 Used car dealers; rules and regulations; seminars 369 Van-type vehicles used as a common or contract carrier for hire; annual license fees 348 Vehicles exceeding 60 feet in length; designation of roads; signs 1030 Vehicle weight limits; county road systems 414 MOULTRIE, CITY OF Corporate limits; voting by council members; meetings; appointments 5367 MOUNT VERNON, CITY OF Corporate limits 4768 MOVIES Video movies; ratings required on covering 1384 MOVING WALKS Installation; inspection; permits; accident reports 1470 MUNICIPAL CORPORATIONS Airports; lease of property in counties of 550,000 or more 631 Alcoholic beverage sales on Sunday in municipalities in counties of 160,000 or more 381 Auctioneers; regulation 596 Audits; governments having expenditures of less than $100,000.00 349

Page CXIX

Bonds; Georgia Allocation System 486 Bonds; proceeds; placement in the local government investment pool 334 Burial places; permits for disturbing; penalties 387 Contracts not exceeding 50 years; municipal corporations of not less than 400,000 275 Court clerks; fees for transmitting reports of traffic convictions 392 Criminal acts on property of a political subdivision; immunity 433 Criminal trespass by motor vehicle; ordinances 837 Development authorities; disposition of real property for fair market value 1067 Elections; uniform election dates; terms of office; biennial elections 787 Ethics in Government Act; revision 297 Governing authorities; retirement and pensions; prior advertisement 1055 Hotel-motel tax 635 Housing authorities; private enterprise agreements; investments; bonds 283 Interlocal risk management agencies 1454 Library, water, and sewerage facilty loans 642 Local government investment pool; bond proceeds 334 Mayors of municipalities of 5,000 or less; simultaneous service as coroners 630 Municipal courts; theft by shoplifting; jurisdiction; penalties 1153 Municipal Gas Authority of Georgia; creation 745 Municipalities of 400,000 or more; bonded indebtedness; issuance without a referendum; proposed amendment to the Constitution 1598 Municipalities of not less than 400,000; contracts; downtown development areas; urban redevelopment areas 175 Municipal property; sale 1051 Nuisances; cultural facilities 999 Parking; removal of improperly parked vehicles; municipalities of 100,000 or more 1442 Parties in cases pertaining to real property or special statutory proceedings 1064 Public safety officers; firefighter standards and training 373 Redevelopment powers; definitions 967 School systems; consolidation or merger; teacher tenure 1018 Special elections; calling when all seats on municipal governing authority are vacant 178 Tax collections; lock box systems; contracts 374 Tax executions; reduction to judgments 665 Torts; immunity from liability; officers 986 Traffic courts in cities of more than 300,000; senior judges 167 Urban Residential Finance Authorities Act for Large Municipalities (400,000 or more) 150 Workers' compensation; group self-insurance funds; local public authorities, boards, and agencies 1397 MUNICIPAL COURTS Clerks; fees for transmitting reports of traffic convictions 392 Jurisdiction in cases relating to sale or furnishing alcoholic beverages to minors 1462 MUNICIPAL GAS AUTHORITY OF GEORGIA Creation 745

Page CXX

MURRAY COUNTY Board of education; elections; districts; residency 3625 Board of education; local constitutional amendment continued 3623 MUSCOGEE COUNTY Board of education; composition; elections; districts; referendum 4753 Chief magistrate; compensation 4427 Judge of the probate court; salary 4963 State court; additional judge and assistant solicitor; compensation of judges and assistant solicitors 4423 N NAPIER, HONORABLE VIOLA ROSS Portrait placed in the state capitol 669 NEWNAN, CITY OF Board of water, sewerage, and light commission; local constitutional amendment continued 3608 New charter 5160 Water, sewerage, and light commissioners; terms of office 5662 NEWTON COUNTY Board of commissioners; expense allowances 5358 NORCROSS, CITY OF Corporate limits 3906 Homestead exemption; persons 62 or older; local constitutional amendment continued 3641 NORTH CAROLINA Nonresident commercial fishing license fees 663 NORTHEASTERN JUDICIAL CIRCUIT Hall County; terms 296 NORTHERN JUDICIAL CIRCUIT Judges; salary supplements 5479 NORTH GEORGIA COLLEGE Military scholarships; number; selection 468

Page CXXI

NOTARIES PUBLIC Certification not evidence to show knowledge of contents of document 1113 NUISANCES Code revision 3 Publicly owned cultural facilities; leased facilities 999 O OAK RIDGE WATER AND SEWERAGE AUTHORITY Creation 4310 OBSCENITY Sexual exploitation of children 1164 OCILLA, CITY OF Ocilla-Irwin County Industrial Development Authority; local constitutional amendment continued 3817 OCILLA-IRWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3817 OCMULGEE JUDICIAL CIRCUIT Hancock County; terms 294 Wilkinson County; terms 295 OCONEE COUNTY Oconee County Industrial Building Authority; local constitutional amendment continued 3562 Oconee County Industrial Development Authority; local constitutional amendment continued 5501 School superintendent; appointment; referendum 4441 Superior court; judges; salary supplement 3780 OCONEE COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 3562 OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 5501

Page CXXII

OFFICIAL CODE OF GEORGIA ANNOTATED Elections; code revision 34 Retirement and pensions; Title 47; revision 146 Revision and reenactment 3 OFFICIAL DIRECTORY OF STATE AND COUNTY OFFICIALS AND OFFICERS Publication 432 OGLETHORPE, CITY OF Mayor and council; terms 4835 OGLETHORPE COUNTY Board of commissioners; district 1 4122 Board of education; school superintendent; local constitutional amendment continued 3620 Superior court; judges; salary supplements 5479 Tax commissioner; annual salary in lieu of fees 4107 OPEN RECORDS See Records ORGANS Organ procurement agencies; preferences; Advisory Board on Anatomical Gift Procurement 1101 P PAINE COLLEGE Motor vehicle license plates 658 PALMER, MR. MICKEY Compensation 707 PARENTAL NOTIFICATION ACT Abortions; unemancipated minors; notices 1013 PARTNERSHIPS Suits; judgment creditors; garnishment; continuation after wrongful dissolution 1444

Page CXXIII

PAULDING COUNTY Board of commissioners; compensation 5236 Civil service system; local constitutional amendment continued 3578 Coroner; compensation 5221 Courthouse; local constitutional amendment continued 3722 Fire protection districts; local constitutional amendment continued 3724 Paulding County Industrial Building Authority; local constitutional amendment continued 3576 Superior court; terms 37 PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 3576 PEACE OFFICER MEMORIAL DAY 869 PEACE OFFICERS Retired peace officers; federal retirees 1141 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Fines and forfeitures for county ordinance violations 475 Investments 473 Peace officers; definition 1062 PEACH COUNTY Board of education; building funds; local constitutional amendment continued 3663 Board of education; grants for educating handicapped citizens; local constitutional amendment continued 3665 Redevelopment powers; referendum 5397 Tax for Peach County Industrial Development Authority; local constitutional amendment continued 3667 PEACH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Tax; local constitutional amendment continued 3667 PEACHTREE CITY Peachtree City Water and Sewerage Authority; creation 5085 PEACHTREE CITY WATER AND SEWERAGE AUTHORITY Creation; repeal of Peachtree City Water, Sewerage, and Recreation Authority 5085 PEER REVIEW COMMITTEES Hospitals and ambulatory surgical centers 1494

Page CXXIV

PEER REVIEW GROUPS Rehabilitation suppliers 656 PENAL INSTITUTIONS A.L. Al Burruss Correctional Training Center; designation 723 Board of Corrections; quorum 457 Communicable diseases; transmission by inmates; medical examinations and tests; warrants; costs 1446 Corrections; employees assisting law enforcement officers or local correctional officers; requests 454 Detainers and rendition proceedings 1342 Jailers; oaths 342 Jail inmates; possession of controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons 611 Juvenile Justice Coordinating Council; creation; community-based services 1576 Persons under 17 sentenced as adults; committment to Division of Youth Services until 18; transfer to Department of Corrections 1335 Prison guards; indemnification; death or permanent disability; procedures 822 Probation; county probation systems in counties of more than 100,000 in metropolitan statistical areas of not less than 200,000 nor more than 230,000 to become part of state-wide system 1319 Probation; first offenders; possession of firearms 476 Probation; over-payment of fines, restitution, or money owed as a condition of probation; no refund if under $5.00 452 Probation; special alternative incarceration 654 Probation system employees; health insurance 1005 Probation; tolling of sentence; return of warrants for absconded probationers; non est inventus 455 State Board of Pardons and Paroles; counties; reimbursement for medical services 428 PERRY, CITY OF Conveyance of state owned property 739 Redevelopment powers; referendum 4115 PERSONS, MS. ALLENE Compensation 709 PETROLEUM Gasoline stations; dispensing at self-service prices to holders of handicapped parking permits 1464 Trial franchises for designated family members upon death or retirement of dealer 1459 PHARMACISTS Generic drug substitution; prescription forms 1131

Page CXXV

PHILLIPS, L.L. (PETE), CONFERENCE CENTER 704 PHYSICIANS Guardianship hearings; fees 401 Licenses to teach or demonstrate medicine; medical malpractice; investigations 407 Prescription forms; generic drug substitution 1131 PICKENS COUNTY Board of education; local constitutional amendment continued 3574 PIEDMONT AUTOMOTIVE PRODUCTS, INC. Conveyance of state owned property 730 PIERCE COUNTY Board of commissioners; expense allowances 4024 Pierce County Industrial Development and Building Authority; local constitutional amendment continued 3786 Tax commissioner; office created 4849 PIERCE COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY Local constitutional amendment continued 3786 PIKE COUNTY Ad valorem tax returns; local constitutional amendment continued 4829 Pike County Water and Sewerage Authority; creation 4180 Superior court; additional judge 279 PIKE COUNTY WATER AND SEWERAGE AUTHORITY Creation 4180 PISTOLS Magistrates and solicitors; public buildings 358 Private detectives and security officers 1400 PLUMBERS License exemptions; Georgia Asbestos Safety Act 964 POLICE WEEK 869

Page CXXVI

POLK COUNTY Board of commissioners; compensation 4969 Superior court; terms 37 Tax commissioner; compensation 4967 POLYGRAPH EXAMINERS Licenses; qualifications of applicants; State Board of Polygraph Examiners; termination date 370 PORNOGRAPHY Sexual exploitation of children 1164 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Regulation of nonpublic colleges, universities, and schools; degrees; diplomas; telecommunications or electronic media technology 1120 POSTSECONDARY VOCATIONAL-TECHNICAL SCHOOLS Boards of directors; employees; benefits; compensation; State Merit System of Personnel Administration; retirement; coverage 575 POULAN, CITY OF Corporate limits 4510 POULTRY Control and prevention of diseases; movement of poultry regulated 525 POWDER SPRINGS, CITY OF New charter 4043 Powder Springs Downtown Development Authority; local constitutional amendment continued 4199 Powder Springs Downtown Development Authority; membership; local constitutional amendment continued 4770 Powder Springs Downtown Development Authority; membership; terms; residency 4852 POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY Local constitutional amendment continued 4199 Membership; terms; residency 4852 Membership; terms; residency; local constitutional amendment continued 4770

Page CXXVII

PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY Members; compensation; disposition of funds 353 PRIVATE DETECTIVE AND SECURITY AGENCIES Composition of board; licenses, certificates, registrations, and permits; criminal records checks; instructors; training programs; termination 1400 PROBATE COURTS Clerk exercising jurisdiction of judge in uncontested matters in counties of 150,000 or more 524 Clerks; fees for transmitting reports of traffic convictions 392 Concurrent jurisdiction with superior courts in counties of more than 150,000 912 Counties of more than 150,000; judges; eligibility requirements 406 County matters; jurisdiction of judges of the probate courts 1482 Guardianship hearings; fees 401 Jailers; oaths 342 Judges as custodians of funds of minors and incapacitated adults; bonds; unclaimed funds 979 Judges; minimum salaries 440 Location of judge's office 400 Marriage license fees 1133 Marriage licenses; issuance in any county if one party is a resident of this state 409 Year's support; conveyance or encumbrance of property set aside; approval by judge 375 PROBATION County probation systems in counties of more than 100,000 in metropolitan statistical areas of not less than 200,000 nor more than 230,000 to become part of state-wide system 1319 First offenders; possession of firearms 476 Overpayment of fines, restitution, or money owned as a condition of probation; no refund if under $5.00 452 Special alternative incarceration 654 Tolling of sentence; return of warrants for absconded probationers; non est inventus 455 PRODUCT LIABILITY Product sellers not liable as manufacturers 1152 Statute of limitations for actions claiming negligence 613 PROFESSIONS AND BUSINESSES Auctioneers; definitions; registration of companies; licenses; fees; regulation by local governments 596

Page CXXVIII

Boxing; professional boxing match redefined 480 Code revision 3 Conditioned air contractors; license exemptions under the Georgia Asbestos Safety Act 964 Cosmetologists; services in locations other than a licensed beauty shop or salon; rules and regulations 1089 Dentists; conscious sedation; general anesthesia; reports; licenses; sanctions; dental hygienists; dental assistants 932 Dietitians and dietetic counselors; definitions; licenses; examinations; internship 1149 Electrical contractors; license exemptions under the Georgia Asbestos Safety Act 964 Embalmers; apprentices 403 Funeral directors; apprentices 403 Geologists; board; meetings; powers; code of professional conduct; certificates; termination date 603 Georgia State Speech-Language Pathology and Audiology Licensing Act; enactment 1072 Librarians; State Board for the Certification of Librarians; termination date; membership 355 Low-voltage contractors; license exemptions under the Georgia Asbestos Safety Act 964 Medical Malpractice Reform Act of 1987 887 Medical students; tort immunity 363 Medicine; licenses to teach or demonstrate medicine; medical malpractice investigations 407 Medicine; prescription forms; generic drug substitution 1131 Pharmacists; generic drug substitution; prescription forms 1131 Physicians; prescription forms; generic drug substitution 1131 Plumbers; license exemptions under the Georgia Asbestos Safety Act 964 Polygraph examiners; licenses; qualifications of applicants; State Board of Polygraph Examiners; termination date 370 Private detective and security agencies 1400 Professional fund raisers and professional solicitors 968 Psychology; license requirements 343 Real estate brokers and salespersons; continuing education; nonresident licenses; corporate or partnership licenses; actions to collect commissions; fines 252 Recreation leaders; State Board of Recreation Examiners; therapeutic recreation specialists and technicians; licenses; examinations 1093 Rehabilitation suppliers; peer review groups 656 Social workers; master's social workers; experience required for licensure 467 Speech-Language Pathology and Audiology; regulation 1072 Tattooing persons under 16 prohibited 443 Trademarks and service marks; registration; fees 563 Used car dealers; rules and regulations of the board; training and informational seminars 369 PROMOTIONAL GIVEAWAYS OR CONTESTS Regulation 1386

Page CXXIX

PROPERTY Agricultural purposes; preferential ad valorem tax assessment; penalties; change of ownership 286 Anatomical gifts; organ procurement agencies; preferences; Advisory Board on Anatomical Gift Procurement 1101 Burial places; permits for disturbing; penalties 387 Code revision 3 County real property; private sales 1100 Development authorities; disposition of real property for fair market value 1067 Disposition of Unclaimed Property Act; intangible personal property of former clients of county departments of family and children services 541 Dispossessory proceedings; removal of tenant's manufactured home, mobile home, trailer, or movable housing; costs; fees; liens 842 Elevators, dumbwaiters, escalators, manlifts, and moving walks 1470 Execution; discovery in aid of execution; entry on real property 816 Fair Business Practices Act of 1975; unfair or deceptive practices in purchase of a dwelling 794 Georgia Residential Finance Authority; residential energy conservation; low-income housing credits; bonds 234 Georgia Time Share Act; promotional giveaways and contests 1386 Handicapped parking spaces; designation; signs; towing vehicles; penalties 1439 Handicapped persons; access; standards; parking lots 1425 Housing authorities; private enterprise agreements; investments; bonds 283 Liens created pursuant to the federal Superfund Amendments and Reauthorization Act of 1986; filing 1023 Liens; tailoring, altering, or repairing clothing or shoes; notices of sale 382 Littering; penalties 813 Motor vehicles; removal of improperly parked vehicles; municipalities of 100,000 or more 1442 Nuisances; cultural facilities 999 Real estate brokers and salespersons; actions to collect commissions 252 Security interests in personalty; foreclosure; executions; writs of possession; forms; procedure 1023 Sexual exploitation of children; forfeiture of property 1164 Smoke detectors; required in certain dwelling units and buildings; standards 989 , 1470 Unclaimed funds; probate courts; judges as custodians of funds of minors and incapacitated adults 979 Units or instrumentalities of government as parties in cases pertaining to real property or special statutory proceedings 1064 Year's support; conveyance or encumbrance by surviving spouse of property set aside 375 PSYCHOLOGISTS Guardianship hearings; fees 401 License requirements 343 PUBLIC DEPOSITORIES Public funds; surety bond and pledged securities; amount 905 Securing deposits of public funds; calculation of amount of security 1334

Page CXXX

PUBLIC OFFICERS AND EMPLOYEES Absentee voting 465 Campaign contribution disclosure reports 1431 Code revision 3 Consumers' Utility Counsel; date for repeal of law amended 634 Coroners; Georgia Coroner's Training Council; membership; curriculum advisory committee; Georgia Police Academy 340 Coroners in counties of 17,510-17,560; salary; Act repealed 316 Coroners; mayors of municipalities of 5,000 or less; simultaneous service as coroners 630 Coroners; medical records; release to coroners of other states; subpoenas 559 Department of Transportation; employees injured in the line of duty; compensation 390 District attorneys; investigators; appointment; state employees' health benefit plan 1337 Emergency medical technicians; indemnification; death or permanent disability; procedures 822 Ethics in Government Act; revision 297 Firemen; indemnification; death or permanent disability; procedures 822 Georgia Agrirama Development Authority; health insurance 662 Jailers; oaths 342 Law enforcement officers; indemnification; death or permanent disability; procedures 822 Legislative counsel; election by the Legislative Services Committee 360 Liability insurance and indemnification; proceeding before licensing boards, disciplinary boards, and similar bodies; counsel 993 Magistrate court clerks; qualifications 364 Magistrates, constables, and clerks; commissions 398 Military duty; compensation while on military duty 1299 Municipal offices; terms; uniform municipal election dates 787 Notaries public; certification not evidence to show knowledge of contents of document 1113 Prison guards; indemnification; death or permanent disability; procedures 822 Prohibited transactions; exception for certain leases of laboratory and research facilities of the Board of Regents of the University System of Georgia 848 Public depositories; public funds; securing; surety bonds; deposit insurance; securities 1334 Public depositories; public funds; surety bond and pledged securities; amount 905 Public safety officers; firefighter standards and training 373 Secretary of State; fees; rural telephone cooperatives 325 Secretary of State; Official Directory of State and County Officials and Officers 432 State court solicitors; residency 359 State employees' health insurance; district attorneys' investigators 1337 State employees' health insurance; employees of the Georgia Agrirama Development Authority; coverage 662 State employees health insurance; state-wide probation system employees; former employees of county probation systems in counties of 550,000 or more 1005

Page CXXXI

State Merit System of Personnel Administration; postsecondary vocational-technical school employees 575 State Personnel Board; employee assistance program authorized; records 990 State Personnel Board; health insurance; Georgia Agrirama Development Authority 662 State Properties Commission; citizen members; expense allowance; travel 347 Tax collectors and tax commissioners; minimum salaries 366 PUBLIC OFFICERS RECALL ACT Procedures; recall petitions; applications; time periods; reports 896 PUBLIC RECORDS See Records PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Retirement bills; reduction in cost amendments; nonfiscal bills; actuarial investigations; concurrent funding 240 PUBLIC SAFETY TRAINING CENTER Unmarked pursuit vehicles; security police force 317 PUBLIC SCHOOL EMPLOYEES HEALTH INSURANCE Retired former employees of public schools and community colleges of local school systems; spouses; children; coverage 1037 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Postsecondary vocational-technical school employees 575 PUBLIC SERVICE COMMISSION Automatic telephone dialing and announcing equipment; regulation 1159 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Code revision 3 Common or contract carriers for hire; van-type vehicles; annual license fee 348 Consumers' Utility Counsel; date for repeal of law amended 634 Georgia Cogeneration Act of 1979; sale or disposition of useful energy by resource recovery development authorities 1021 Hazardous Materials Emergency Response Advisory Council 711 Motor common carriers and motor contract carriers; definitions; dump trucks; transit mixer vehicles 1090 Municipal Gas Authority of Georgia; creation 745 Public utilities; failure to file a timely tax return; penalties; notice 977 Railroad corporations; standards of care of officers and directors; limitation of liability; indemnification and advancement of litigation expenses 849

Page CXXXII

Residential energy conservation; Georgia Residential Finance Authority 234 Resource recovery development authorities; sale or disposition of useful energy exempt from the Georgia Cogeneration Act of 1979 1021 Rural telephone cooperatives; fees of clerks of the superior courts and the Secretary of State 325 Telephones; automatic telephone dialing and announcing equipment; regulation 1159 PULASKI COUNTY Board of education; elections; local constitutional amendment continued 3618 Board of education; elections; referendum 4241 School superintendent; appointment; referendum 4263 PULASKI DEVELOPMENT COMPANY, INC. Conveyance of state owned property 672 PUTNAM COUNTY Tax collector; compensation; local constitution amendment continued 3715 Board of commissioners; mileage allowance 4819 Q QUALITY BASIC EDUCATION ACT Revision; editorial corrections 1169 QUITMAN, CITY OF Board of commissioners; composition; elections; terms; districts; referendum 5230 School system; merger; local constitutional amendment continued 4544 QUITMAN COUNTY Board of commissioners; clerk; duties 4172 Treasurer; office abolished 4168 Treasurer; salary repealed 4170 R RAILROAD CORPORATIONS Standards of care of officers and directors; limitation of liability; indemnification and advancement of litigation expenses 849 RECALL ELECTIONS Contributions 458

Page CXXXIII

Public Officers Recall Act; procedures; petitions; applications; signatures; reports 896 RECORDS Library records; disclosure; confidentiality; immunity 595 Medical records; release to coroners of other states 559 Public records; trade secrets; proprietary information; colleges and universities 377 Tax assessors; certain materials open to public inspection 558 Trade secrets and proprietary information collected by colleges and universities; exemption from disclosure 377 RECREATION LEADERS State Board of Recreation Examiners; therapeutic recreation specialists and technicians; licenses; examinations 1093 REDEVELOPMENT POWERS LAW Redevelopment area; definition 967 REHABILITATION SUPPLIERS Peer review groups 656 REID, MRS. FRANS Compensation on behalf of Loverne Terrell Matlock 735 REIDSVILLE, CITY OF Council; posts; wards; elections 4419 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW Sale or disposition of useful energy not subject to the Georgia Cogeneration Act of 1979 1021 RETIREMENT AND PENSIONS Code revision 146 Employees' Retirement System of Georgia; Jekyll IslandState Park Authority; employees; nonmembership 1035 Employees' Retirement System of Georgia; postsecondary vocational-technical school employees 575 Georgia Firemen's Pension Fund; membership; reinstatement to active status; waiver of disability benefits; interest and penalties 1040 Municipal corporations; governing authorities 1055 Peace Officers' Annunity and Benefit Fund; fines and forfeitures for county ordinance violations 475 Peace Officers' Annuity and Benefit Fund; investments 473

Page CXXXIV

Peace Officers' Annuity and Benefit Fund; peace officer; definition 1062 Postsecondary vocational-technical schools; retirement coverage for employees 575 Public Retirement Systems Standards Law; reduction in cost amendments; nonfiscal retirement bills; actuarial investigations; concurrent funding 240 Public School Employees Retirement System; postsecondary vocational-technical school employees 575 Senior Appellate Court Justices and Judges; offices created; appointment; powers; compensation; effect on retirement benefits 291 Sheriffs' Retirement Fund of Georgia; board of commissioners; term of the retired member 535 Sheriffs' Retirement Fund of Georgia; investments 534 Teachers Retirement System of Georgia; accumulated contributions; employers to make employee contributions; compensation of members; declining or retaining membership 959 Teachers Retirement System of Georgia; postsecondary vocational-technical school employees 575 REVENUE AND TAXATION Ad valorem taxes; agricultural real property; preferential assessment; penalties; change of ownership 286 Ad valorem taxes; public utilities and airlines; penalty for failure to file a timely tax return 977 Ad valorem taxes; State Board of Equalization; time allowed for commissioner to notify taxpayers of proposed assessments 485 Ad valorem taxes; tax executions 665 , 1049 Advertisements of property sold under tax execution; cost 1049 Airlines; failure to file a timely tax return; penalties 977 Airports; lease of property by political subdivisions; taxable estate for years 631 Alcoholic beverages; malt beverages and wine containing less than one-half of 1 percent alcohol; tax exemption 562 Code revision 3 Confidential information; certain materials gathered by personnel of county boards of tax assessors not confidential 558 Estate tax; revision 191 Excise tax on lodging, rooms, or accommodations 635 Hotel-motel tax 635 Income taxes; evasion; criminal penalties 444 Income taxes; revision 191 Intangible personal property taxes; corporate stock; domesticated foreign corporation defined 266 Motor vehicle license fees; van-type vehicles used as a common or contract carrier for hire 348 Motor vehicles; staggered registration; penalties 1 Public utilities; failure to file a timely tax return; penalties; notice 977 Sales and use tax; special purpose county sales and use tax 1322 Special purpose county sales and use tax 1322 State Board of Equalization; time allowed for notifying taxpayers of proposed assessments 485 Tax collections; lock box systems; contracts 374 Tax collectors and tax commissioners; minimum salaries 366

Page CXXXV

Tax executions; advertisement; cost 1049 Tax executions for local taxes; procedures for reducing to judgments 665 Tax executions; levy administration fee 965 RICHMOND COUNTY Board of education; compensation 5101 County officials; compensation 5361 Local taxing jurisdictions; discounts for early payment of ad valorem taxes; local constitutional amendment continued 3788 Oak Ridge Water and Sewage Authority; creation 4310 RIVERDALE, CITY OF Corporate limits 5152 ROCKDALE COUNTY Board of commissioners; meetings 5539 Conyers-Rockdale-Big Haynes Impoundment Authority; creation 5053 State Court; creation 5452 ROME, CITY OF Board of education; membership; qualifications; vacancies; elections; terms 4276 Unified Rome-Floyd County School System; creation; referendum 4994 ROSWELL, CITY OF Corporate limits 4127 RURAL ECONOMIC DEVELOPMENT LAW Enactment; studies; projects; funds 1142 RURAL TELEPHONE COOPERATIVES Fees of clerks of the superior courts and the Secretary of State 325 S SALE CITY, CITY OF Mayor and councilmen; vacancies 4220 SALES AND USE TAX Special purpose county sales and use tax 1322

Page CXXXVI

SAVANNAH, CITY OF Board of public education; retirement system; benefit increases; local constitutional amendment continued 4515 Board of tax assessors; merges; chief tax assessor for county; local constitutional amendment continued 4485 Conveyance of state owned property to the city 743 Redevelopment powers; referendum 4083 School system; local constitutional amendment continued 4607 SCHLEY COUNTY Board of commissioners; elections; districts; compensation 5490 Board of education; elections; districts; vacancies; qualifications 4792 SCOTT, JOEL E., BUILDING Designated 742 SEASHELL Knobbed whelk; official state seashell 1130 SECRETARY OF STATE Corporations; fees; name reservations 1448 Magistrate courts; magistrates, constables, and clerks; commissions 398 Official Directory of State and County Officials and Officers; publication 432 Rural telephone cooperatives; fees 325 Securities; certificate; prima-facie evidence 439 State Ethics Commission; powers and duties of Secretary of State; reports 297 Trademarks and service marks; registration; fees 563 SECURITIES Certificate of the Secretary of State; prima-facie evidence 439 Code revision 3 Criminal or civil proceedings; applicability of securities laws in effect on the date of the crime or violation 984 SENIOR CITIZENS Simple battery against a person 65 or older 557 SERVICE MARKS Registration; fees 563 SEXUAL EXPLOITATION OF CHILDREN 1164

Page CXXXVII

SHERIFFS Jailers; oaths 342 Minimum salaries 440 Tax executions; levy administration fee 965 SHERIFFS' RETIREMENT FUND OF GEORGIA Board of commissioners; term of the retired member 535 Investments 534 SHOES Liens for repair 382 SHOPLIFTING Municipal courts; jurisdiction; penalties 1153 SHOPPING CENTERS Criminal trespass by motor vehicle 837 SIGNS Distilled spirits; licensed retail dealers 623 SKY VALLEY, CITY OF Homestead exemption; referendum 5113 SMITH, JOSEPH WILSON, BRIDGE 676 SMOKE DETECTORS 989 , 1470 SMYRNA, CITY OF Mayor and councilmen; elections 4718 SNELLVILLE, CITY OF Corporate limits; deannexation 4842 SOCIAL SERVICES Child welfare agencies; child controlled substance or marijuana abuse reports 1000 Child welfare agencies; licenses 1435

Page CXXXVIII

Code revision 3 Day-care centers; records checks of directors and employees; licenses 1416 Day-care homes and centers; educational curriculum; emergency telephone numbers; space 1435 Disposition of Unclaimed Property Act; intangible personal property of former clients of county departments of family and children services 541 Juvenile Justice Coordinating Council; creation; community-based services; state funding; county assessment of youth needs 1576 Public assistance benefits; disregarded income; subpoenas 1435 SOCIAL WORKERS Master's social workers; experience required for licensure 467 SOPERTON, CITY OF Municipal court; contempt; punishment 4021 SOUTH CAROLINA Nonresident commercial fishing license fees 663 SOUTHERN JUDICIAL CIRCUIT Judges; salary supplement 3983 SOVEREIGN IMMUNITY Criminal acts on property of a political subdivision 433 Interlocal risk management agencies 1454 SPALDING COUNTY Board of commissioners; compensation 4293 Board of elections; creation 4432 Business licenses in unincorporated areas; local constitutional amendment continued 3693 Chief magistrate; compensation 4430 Educational facilities beyond the twelfth grade; bonds; local constitutional amendment continued 3537 Fire protection districts; local constitutional amendment continued 3691 Griffin-Spalding County School System; local constitutional amendment continued 3545 Ordinances; local constitutional amendment continued 3689 Roads; assessment of costs; local constitutional amendment continued 3543 Sales and use tax; bonds; local constitutional amendment continued 3696 State court; judge and solicitor; elections; compensation; powers; duties; vacancies 4527 Superior court; additional judge 279 Tax commissioner; compensation 4239 Temporary loans; local constitutional amendment continued 3539

Page CXXXIX

Water districts; local constitutional amendment continued 3541 SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY Regulation 1072 STATE AUDITOR Retirement bills 240 STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS Membership; termination date 355 STATE BOARD OF PARDONS AND PAROLES Counties; reimbursement for medical services 428 STATE CHILDREN'S TRUST FUND Creation 1133 STATE COURTS Appeals from magistrate courts 1009 Clerks; fees for transmitting reports of traffic convictions 392 Solicitors; carrying pistols in public buildings 358 Solicitors; residency 359 Volunteer legal service agencies in counties of 550,000 or more; fees 282 STATE ETHICS COMMISSION Membership; powers; duties; revision 297 STATE GOVERNMENT Administrative procedure; buying services 1347 Ambulances operated by the state; insurance 542 Appropriations; Department of Labor; supplemental appropriation 481 Appropriations; S.F.Y. 1986-87 38 Appropriations; S.F.Y. 1986-87 1300 Appropriations; S.F.Y. 1987-88 1497 Art in State Buildings Program; creation 891 Authorities; ordinances; magistrate court jurisdiction 448 Bonds; Georgia Allocation System 486 Buildings; handicapped persons; access; standards; parking lots 1425 Code revision 3 Community Affairs, Department of; strategic state-wide rural economic development plan 345 Corrections, Board of; quorum 457 Cultural facilities; nuisances 999

Page CXL

Department of Administrative Services; administrative services for superior courts; contracts 622 Department of Labor; offices 1007 Department of Transportation; employees injured in the line of duty; compensation 390 Employee assistance program; state Personnel Board, records 990 Employees on military duty; compensation 1299 Ethics in Government Act; revision 297 General obligation debt; public library facilities; water and sewerage facilities; loans to local governments 642 Georgia Agrirama Development Authority; state employees' health insurance; coverage 662 Governor's Task Force on Adult Literacy; creation 678 Jekyll IslandState Park Authority; employees; health insurance; Employees' Retirement System of Georgia; nonmembership 1035 Knobbed whelk; official state seashell 1130 Metropolitan Area Planning and Development Commissions; annual per resident assessments 555 Officers and employees; liability insurance and indemnification; proceedings before licensing or disciplinary boards; counsel 993 Official Directory of State and County Officials and Officers; publication 432 Public property; units or instrumentalities as parties in cases pertaining to real property or special statutory proceedings 1064 Public records; trade secrets; proprietary information; collection by colleges or universities 377 Rural Economic Development Law 1142 State authorities; Department of Administrative Services; insurance and self-insurance against liability of state authorities 176 State Children's Trust Fund 1133 State employees' health benefit plan; district attorneys' investigators 1337 State Properties Commission; citizen members; expense allowance; travel 347 Waterfowl Stamp Fund 357 STATE HEALTH PLANNING AGENCY Hospitals; annual reports 573 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Employee assistance program authorized; records 990 Postsecondary vocational-technical schools; employees 575 STATE PROPERTIES COMMISSION Citizen members; expense allowance; travel 347 STATESBORO, CITY OF New charter 4557

Page CXLI

STATUTE OF LIMITATIONS Divorce; proceedings to attack judgment 565 Felonies against victims under 14 years of age 330 Medical Malpractice Reform Act of 1987 887 Product liability; actions claiming negligence 613 STEPHENS COUNTY School superintendent; appointment; vacancies; referendum 4224 ST. MARYS, CITY OF Corporate limits 5035 STONE MOUNTAIN JUDICIAL CIRCUIT Judges; supplement 3989 SUBSEQUENT INJURY TRUST FUND Reimbursement; limitations; standards for rate; review 820 SUGAR HILL, CITY OF Homestead exemption; local constitutional amendment continued 5279 SUMMERVILLE, CITY OF Corporate limits 5223 SUMTER COUNTY Americus-Sumter Payroll Development Authority; local constitutional amendment continued 3550 Americus-Sumter Payroll Development Authority; local constitutional amendment continued 5506 Americus-Sumter Payroll Development Authority; local constitutional amendment continued 5575 SUPERFUND Liens created pursuant to the federal Superfund Amendments and Reauthorization Act of 1986; filing 1023 SUPERIOR COURTS Administrative services; contracts 622 Appeals from magistrate courts 1009 Augusta Judicial Circuit; Burke County; terms 250 Augusta Judicial Circuit; judges; salary supplement 4893 Augusta Judicial Circuit; judges; salary supplement 4976

Page CXLII

Brunswick Judicial Circuit; additional judge 1145 Burial places; permits for disturbing 387 Burke County; judges; salary supplement 4893 Clerks, corporate filing fees 537 Clerks; fees; divorce cases 1133 Clerks; fees for transmitting reports of traffic convictions 392 Clerks; fees; magistrate courts 320 Clerks; fees; rural telephone cooperatives 325 Clerks; lists of electors; filing repealed 351 Clerks; minimum salaries 440 Cobb Judicial Circuit; additional judge 410 Cobb Judicial Circuit; judges; salary supplement 4766 Cobb Judicial Circuit; district attorney; assistant district attorneys; compensation 5354 District attorneys; investigators 1337 Douglas Judicial Circuit; terms 2 Griffin Judicial Circuit; additional judge 279 Gwinnett Judicial Circuit; additional judge 331 Judges and senior judges; expenses; meetings and educational programs 385 Judges; elections 328 Law libraries for judges 843 Northeastern Judicial Circuit; Hall County; terms 296 Northern Judicial Circuit; judges; salary supplements 5479 Ocmulgee Judicial Circuit; terms; Hancock County 294 Ocmulgee Judicial Circuit; terms; Wilkinson County 295 Sheriffs; minimum salaries 440 Southern Judicial Circuit; judges; salary supplement 3983 Stone Mountain Judicial Circuit; judges; supplement 3989 Warrants for medical examinations and tests of inmates suspected of transmitting communicable diseases 1446 Western Judicial Circuit; judges; salary supplement 3780 SUPREME COURT OF GEORGIA Senior Appellate Court Justice; office created; duties; powers; compensation 291 Seven Justices 324 SURETIES Criminal bonds and recognizances; release from liability; surrender of principal; proceedings; detainers 1342 SUWANEE, CITY OF New charter 4857 T TAILORS Liens for tailoring, altering, or repairing clothing or shoes 382

Page CXLIII

TALIAFERRO COUNTY Board of commissioners; chairman; road superintendent 4507 TALLAPOOSA JUDICIAL CIRCUIT Terms 37 TATTOO Person under 16; cruelty to children; penalty 443 TAX COLLECTORS AND TAX COMMISSIONERS Lock box systems; contracts 374 Minimum salaries 366 TAX EXECUTIONS Advertisement; cost 1049 Levy administration fee 965 Local taxes; reducing to judgment 665 TAYLOR COUNTY Board of commissioners; districts 4831 Chief magistrate; judge of the probate court to serve; constables 3991 TEACHERS RETIREMENT SYSTEM OF GEORGIA Accumulated contributions; employers to make employee contributions; compensation of members; declining or retaining membership 959 Postsecondary vocational-technical school employees 575 TELECOMMUNICATIONS OR ELECTRONIC MEDIA TECHNOLOGY Schools, colleges, and universities; regulation 1120 TELEPHONES Automatic telephone dialing and announcing equipment; regulation 1159 TENNESSEE Nonresident commercial fishing license fees 663 TENNESSEE VALLEY RAILROAD MUSEUM Conveyance of state owned property 730 TERRORISM Georgia Antiterroristic Training Act 866

Page CXLIV

THOMAS COUNTY Superior court; judges; salary supplement 3983 THOMASVILLE, CITY OF Board of commissioners; creation; elections; districts 3680 Board of education; composition; elections; districts 3673 City manager; powers and duties 5586 Mayor and commissioners; compensation 5580 THUNDERBOLT, CITY OF Clerk and ex officio treasurer; office abolished 4213 Mayor and aldermen; compensation 4218 TIFT COUNTY Board of education; school superintendent; local constitutional amendment continued 3531 Tift County Development Authority; creation; local constitutional amendment continued 3533 Tift County Development Authority; tax; local constitutional amendment continued 3535 TIFT COUNTY DEVELOPMENT AUTHORITY Creation; local constitutional amendment continued 3533 Tax; local constitutional amendment continued 3535 TIFTON, CITY OF Homestead exemption; referendum 4103 Municipal court; name; fines 4098 TOBACCO Selling or furnishing to or purchase by minors under 17; signs; vending machines; penalties 945 TOOMBS COUNTY Board of education; elections; composition; districts; terms; compensation 5121 TORTS Boiler and Pressure Vessel Safety Act; limitation on liability of the state 1349 Code revision 3 Corporations; standards of care of officers and directors; limitation of liability; advancement of litigation expenses; indemnification 849 Criminal acts on property of a political subdivision; immunity of subdivision; sovereign immunity 433

Page CXLV

Food; donors or gleaners of canned or perishable food; charitable or nonprofit organizations; limitation on liability 832 Hazardous materials; immunity for assisting in mitigating effects of hazardous materials discharge 810 Homicide of a child; judgments; apportionment between parents who are divorced, separated, or living apart 619 Immunity from liability; health care providers 986 Immunity from liability; medical malpractice 887 Immunity from liability; members, directors, trustees, and officers of nonprofit hospitals or associations; charitable institutions; local governmental entities 986 Law enforcement officers escorting funeral processions; immunity 993 Library records 595 Limitation of liability; child controlled substance or marijuana abuse reports 1000 Medical malpractice; investigations 407 Medical Malpractice Reform Act of 1987 887 Medical students; tort immunity 363 Product liability; product sellers not liable as manufacturers in certain actions 1152 Product liability; statute of limitations for actions claiming negligence 613 State authorities; insurance; liability 176 Tort Reform Act of 1987; immunity; collateral sources; punitive damages; product liability; new trials; apportionment of damages 915 TOWNS COUNTY Commissioner; compensation 4804 TRADEMARKS Registration; fees 563 TRADE NAMES Distilled spirits; licensed retail dealers; signs 623 TRADE SECRETS Colleges and universities; nondisclosure 377 TRAILERS Dispossessory proceedings 842 Special license plates 949 TRENTON, CITY OF New charter 4725

Page CXLVI

TRI-STATE STEEL DRUM COMPANY, INC. Transfer of state property 686 TROUP COUNTY Board of education; compensation 4205 Board of elections and registration; creation 5216 Business license fees; local constitutional amendment continued 3782 Troup County Development Authority; local constitutional amendment continued 3594 TROUP COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3594 TUNNEL HILL, CITY OF New charter; referendum 4366 TURNER COUNTY Turner County Development Authority; local constitutional amendment continued 5007 TURNER COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 5007 TYBEE ISLAND, CITY OF Easement over state property; fishing pier and pavilion 682 TYRONE, CITY OF Mayor pro tem; term; mayor and council; vacancies 5244 U UNIFORM COMMERCIAL CODE Security interests in personalty; foreclosure; executions; procedure; forms 1023 UNIFORM PARTNERSHIP ACT Suits; judgment creditors; garnishment; continuation after wrongful dissolution 1444 UNIVERSITY SYSTEM OF GEORGIA Lease of laboratory and research facilities 1020

Page CXLVII

UPSON COUNTY Board of education; temporary additional member 5225 Superior court; additional judge 279 URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES (400,000 OR MORE) 150 USED CAR DEALERS State Board of Registration of Used Car Dealers; rules and regulations; seminars 369 V VALDOSTA, CITY OF Corporate limits 4609 Valdosta-Lowndes County Airport Authority; creation 4495 VALDOSTA-LOWNDES COUNTY AIRPORT AUTHORITY Creation 4495 VENDING MACHINES Cigarettes and tobacco related objects; notices; minors under 17 945 VIDALIA, CITY OF Board of education; elections 4227 VIDEO MOVIES Ratings; display on covering required 1384 VITAL RECORDS Illegitimate children; inheriting from father 632 W WALKER COUNTY Clerk of the superior court; personnel; compensation 4295 Coroner; compensation 4397 Probate court; personnel; compensation 4298 State court; secretary 5111 Tax commissioner; personnel; compensation 4300 WALTON COUNTY School district; local constitutional amendment continued 3794

Page CXLVIII

WARE COUNTY State court; judge and solicitor; compensation 4302 WARNER ROBINS, CITY OF Mayor and council; composition; terms; oaths; vacancies; suspension; recall 4174 Warner Robins Development Authority; local constitutional amendment continued 3811 WARNER ROBINS DEVELOPMENT AUTHORITY Local constitutional amendment continued 3811 WASHINGTON, CITY OF Washington Wilkes Payroll Development Authority; local constitutional amendment continued 3606 WASHINGTON WILKES PAYROLL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3606 WATERFOWL STAMP Funds 357 WATERS OF THE STATE, PORTS, AND WATERCRAFT Boats; vehicles transporting; length and width limits 846 Georgia Boat Safety Act; reportable boating accidents; numbering of vessels; type v P.F.D.s; engine exhaust; Lake Hartwell Dam boating safety zone; uniform rules of the road for vessels 567 WAYCROSS, CITY OF Board of education; elections; districts; terms; referendum 5135 Easement through state property; water facilities 716 Mayor; office created; election; terms; powers; referendum 5105 Municipal court; contempt 5641 Tax to promote industry; local constitutional amendment continued 3639 WAYNE COUNTY Board of education; election; local constitutional amendment continued 3802 County administrator; local constitutional amendment continued 3804 Superior court; additional judge 1145 Wayne County Industrial Development Authority; local constitutional amendment continued 3805

Page CXLIX

WAYNE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3805 WEAPONS Firearms; possession by first offenders 476 Georgia Antiterroristic Training Act 866 Jail inmates; possession 611 Magistrates and solicitors; public buildings 358 Possession during commission of a crime; arm's reach 624 Private detectives and security officers 1400 State capitol building 614 WELLS, JR., MR. DORLAN PATRICK Compensation 725 WESTERN JUDICIAL CIRCUIT Judges; salary supplement 3780 WEST POINT, CITY OF Bonds; flood protection; local constitutional amendment continued 3784 Downtown West Point Development Authority; local constitutional amendment continued 3592 West Point Development Authority; local constitutional amendment continued 3598 WEST POINT DEVELOPMENT AUTHORITY Local constitutional amendment continued 3598 WHITE, CITY OF Mayor and aldermen; elections; terms; vacancies 4552 WHITE COUNTY Board of commissioners; re-creation 5441 WHITFIELD COUNTY Board of education; school superintendent; elections; local constitutional amendment continued 3707 Coroner; compensation; deputy coroners 4840 Homestead exemption; local constitutional amendment continued 3711 WILCOX COUNTY Board of education; election; local constitutional amendment continued 3580

Page CL

WILDER, MR. WILLIAM E. Compensation 734 WILKES COUNTY Washington Wilkes Payroll Development Authority; local constitutional amendment continued 3606 WILKINSON COUNTY Superior court; terms 295 WILLACOOCHEE, CITY OF Mayor and aldermen; terms; qualifications 4361 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Administrators; aliens 539 Code revision 3 County administrators; qualifications; annual fees 477 Illegitimate children; inheriting from father; conditions 632 Living wills; revocation 322 Probate courts; concurrent jurisdiction with superior courts in counties of more than 150,000 912 Year's support; conveyance or encumbrance by a surviving spouse of property set aside; approval by judge 375 WINDER, CITY OF Borrow County School System; creation; local constitutional amendment continued 3523 Corporate powers; mayor and council; elections; terms; wards 4897 WITNESS FEES Arson investigators 404 Law enforcement officers; civil cases 834 WOODSTOCK, CITY OF Mayor; term; limit on terms 4837 WORKERS' COMPENSATION County governing authorities; elected members; coverage 1038 Department of Transportation; employees injured in the line of duty 390 Group self-insurance funds; employees of trade or professional associations 1110 Guardians for incapacitated adults; appointment by State Board of Workers' Compensation 814 Guardians of minors or incompetent claimants; appointment by the State Board of Workers' Compensation; powers 396

Page CLI

Independent contractors 1110 Local public authorities, commissions, boards, and agencies; group workers' compensation self-insurance funds; excess insurance 1397 Occupational diseases 1474 Subsequent Injury Trust Fund; reimbursement; limitations; standards for rate; review 820 Termination of dependency of partial dependents; appeals; insurers' offices and agents; liability of employer; payment of income benefits 806 WORTH COUNTY Board of commissioners; chairman; compensation 4512 Staggered motor vehicle registration periods 4509 Worth County Development Authority; local constitutional amendment continued 3800 WORTH COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3800 WRAY, MR. THOMAS DOWDEN Compensation 710 X Y YEAR'S SUPPORT Conveyance or encumbrance by surviving spouse of property set aside; approval of judge 375 YOUTH CONSERVATION CORPS Creation 922

Page CLII

POPULATION OF GEORGIA COUNTIES County 1980 1970 1960 1950 1940 1930 Appling 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 34,686 34,240 34,064 29,706 24,190 22,878 Banks 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 21,354 16,859 14,485 13,115 13,064 12,401 Bartow 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 150,256 143,366 141,249 114,079 83,783 77,042 Bleckley 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 8,701 5,940 5,891 6,387 6,871 6,895 Brooks 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 10,175 6,539 6,226 5,965 6,288 5,952 Bulloch 35,785 31,585 24,263 24,740 26,010 26,509 Burke 19,349 18,255 20,596 23,458 26,520 29,224 Butts 13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,717 6,606 7,341 8,578 10,438 10,576 Camden 13,371 11,334 9,975 7,322 5,910 6,338 Campbell ..... ..... ..... ..... ..... 9,903 Candler 7,518 6,412 6,672 8,063 9,103 8,991 Carroll 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 36,991 28,271 21,101 15,146 12,199 9,421 Charlton 7,343 5,680 5,313 4,821 5,256 4,381 Chatham 202,226 187,816 188,299 151,481 117,970 105,431 Chattahoochee 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 21,856 20,541 19,954 21,197 18,532 15,407 Cherokee 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 74,498 65,177 45,363 36,550 28,398 25,613 Clay 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 150,357 98,126 46,365 22,872 11,655 10,260 Clinch 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 297,718 196,793 114,174 61,830 38,272 35,408 Coffee 26,894 22,828 21,953 23,961 21,541 19,739 Colquitt 35,376 32,298 34,048 33,999 33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 100,710 89,639 75,680 43,617 28,565 22,306 Douglas 54,573 28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902 Fulton 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445 16,846 Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 166,808 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116 16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167 11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610 9,102 Henry 36,309 23,724 17,619 15,857 15,119 15,924 Houston 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 36,990 32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569 14,487 8,444 8,595 8,153 Lincoln 6,716 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,046 7,371 6,364 6,008 5,292 5,763 Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437 Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton 6,730 Mitchell 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676 11,137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,666 26,282 20,999 20,185 18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 26,110 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112 11,800 12,522 Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,382 29,656 28,015 30,976 28,467 25,141 Pulaski 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,357 2,180 2,432 3,015 3,435 3,820 Rabun 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 36,570 18,152 10,572 8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347 Screven 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 21,761 20,331 18,391 16,647 12,972 11,740 Stewart 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,536 6,625 7,127 7,687 8,141 8,458 Taliaferro 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,098 34,562 34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 22,592 19,151 16,837 17,382 16,952 17,165 Towns 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522 7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879 36,752 Turner 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372 Union 9,390 6,811 6,510 7,318 7,680 6,340 Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker 56,470 50,691 45,264 38,198 31,024 26,206 Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180 33,525 34,219 30,289 27,929 26,558 Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 5,155 4,596 5,342 6,712 8,536 9,149 White 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 65,775 55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250 9,781 11,025 10,844 Worth 18,064 14,770 16,682 19,357 21,374 21,094 Total 5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506

Page CLV

POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808 Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,536 Warren 6,583 Clinch 6,660 Lincoln 6,716 Montgomery 7,011 Miller 7,038 Charlton 7,343 Candler 7,518 Jasper 7,553 Wilcox 7,682 Crawford 7,684 Taylor 7,902 McIntosh 8,046 Evans 8,428 Johnson 8,660 Brantley 8,701 Banks 8,702 Jenkins 8,841 Oglethorpe 8,929 Pike 8,937 Pulaski 8,950 Irwin 8,988 Seminole 9,057 Twiggs 9,354 Bacon 9,379 Union 9,390 Hancock 9,466 Turner 9,510 Randolph 9,599 White 10,120 Bryan 10,175 Putnam 10,295 Wilkinson 10,368 Rabun 10,466 Lumpkin 10,762 Bleckley 10,767 Dooly 10,826 Wilkes 10,951 Gilmer 11,110 Greene 11,391 Telfair 11,445 Jeff Davis 11,473 Morgan 11,572 Pickens 11,652 Lee 11,684 Pierce 11,897 Terrell 12,017 Lamar 12,215 Dade 12,318 Oconee 12,427 Early 13,158 Camden 13,371 Cook 13,490 Berrien 13,525 Butts 13,665 Macon 14,003 Screven 14,043 Monroe 14,610 Fannin 14,748 Franklin 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,354 Chattahoochee 21,732 Stephens 21,761 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,110 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,382 Tift 32,862 Newton 34,666 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,570 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,775 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,710 Bibb 150,256 Clayton 150,357 Gwinnett 166,808 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,718 DeKalb 483,024 Fulton 589,904 Total 5,462,982

Page CLVII

GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31 52 Ben Hill 13 Berrien 7 Bibb 18, 26 27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29 30 Catoosa 53 54 Charlton 6 Chatham 1, 2 3 Chattahoochee 11 15 Chattooga 53 Cherokee 37 51 Clarke 46 Clay 11 Clayton 17 44 Clinch 7 Cobb 32, 33, 37, 56 Coffee 19 Colquitt 10 13 Columbia 23 24 Cook 8 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41/43, 55 Dodge 19 Dooly 13 Dougherty 12 Douglas 30 34 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 51 Fayette 34 Floyd 52 Forsyth 49 56 Franklin 47 Fulton 34/36, 38/40, 56 Gilmer 51 Glascock 21 Glynn 3 6 Gordon 51 Grady 10 Greene 24 Gwinnett 9 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 46 47 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 27 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 4 Lowndes 8 Lumpkin 50 Macon 14 Madison 47 Marion 16 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 11 Monroe 27 Montgomery 20 Morgan 25 Murray 54 Muscogee 15 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22 23 Rockdale 45 Schley 14 Screven 21 Seminole 11 Spalding 28 Stephens 50 Stewart 11 Sumter 14 Talbot 16 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 27 Walker 53 Walton 45 Ware 7 Warren 24 Washington 20 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page CLIX

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1987-1988 District Name Address 23 Frank A. Albert 3102 Walton Way Ext., Augusta 30909 22 Thomas F. Allgood 615 Telfair Bldg., Augusta 30903 29 A. Quillian Baldwin, Jr. P.O. Box 1364, LaGrange 30241 18 Ed Barker P.O. Box 5036, Warner Robins 31099 33 Roy E. Barnes 4841 Brookwood Dr., Mableton 30059 13 Rooney L. Bowen P.O. Box 1238, Cordele 31015 51 Max Brannon P.O. Box 1027, Calhoun 30701 46 Paul C. Broun 165 Pulaski St., Athens 30610 47 M. Parks Brown P.O. Box 37, Hartwell 30643 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 5 Joe Burton 2598 Woodwardia Rd., NE, Atlanta 30345 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 40 Paul D. Coverdell 2622 Piedmont Rd., NE, Atlanta 30324 17 Alex Crumbley P.O. Box 775, McDonough 30253 45 Harrill L. Dawkins 1445-A Old McDonough Rd., Conyers 30207 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean 340 Wingfoot St., Rockmart 30153 6 Earl Echols, Jr. P.O. Box 352, Patterson 31557 28 Arthur B. Skin Edge IV 15 Jefferson Street, Newnan 30263 21 Bill English 214 Golf Dr., Swainsboro 30401 34 Bev Engram P.O. Box 908, Fairburn 30213 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 50 John C. Foster P.O. Box 100, Cornelia 30531 30 Wayne Garner 109 Stonewall Dr., Carrollton 30117 20 Hugh M. Gillis, Sr. P.O. Box 148, Soperton 30457 27 W. F. (Billy) Harris 1261 Willingham Springs Rd., Thomaston 30286 37 Carl Harrison P.O. Box 1374, Marietta 30061 52 Edward Hine, Jr. P.O. Box 5511, Rome 30161 12 Al Holloway P.O. Box 588, Albany 31702 42 Pierre Howard 160 Clairemont Ave., 592 Fidelity National Bank Bldg., Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 53 Waymond C. Huggins P.O. Box 284, LaFayette 30728 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 25 Culver Kidd P.O. Box 370, Milledgeville 31061 16 Ted J. Land 1069 Standing Boy Court, Columbus 31904 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, SW, Atlanta 30331 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 56 Sallie Newbill 7205 Riverside Dr., Atlanta 30328 26 Tommy C. Olmstead P.O. Box 5128, Macon 31298 48 Donn M. Peevy P.O. Box 862, Lawrenceville 30246 7 Ed Perry P.O. Box 925, Nashville 31639 9 R. T. (Tom) Phillips 1703 Pounds Rd., Stone Mountain 30087 10 Harold J. Ragan 1296 Crine Boulevard NW, Cairo 31728 19 Walter S. Ray Box 295, Douglas 31533 2 Albert (Al) Scott P.O. Box 1704, Savannah 31402 36 David Scott 190 Wendell Dr., SE, Atlanta 30315 39 Hildred W. Shumake 1103 Fair Street, Atlanta 30314 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 38 Horace E. Tate 621 Lilla Dr., SW, Atlanta 30310 11 Jimmy Hodge Timmons 132 South Woodlawn St., Blakely 31723 32 James E. Tolleson 2195 Beech Valley Dr., Smyrna 30080 8 Loyce W. Turner P.O. Box 157, Valdosta 31603 41 James W. (Jim) Tysinger 3781 Watkins Place NE, Atlanta 30319 43 Eugene P. (Gene) Walker P.O. Box 371599, Decatur 30037-1599

Page CLXI

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1987-88 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398 Savannah 31403 2 Albert (Al) Scott P.O. Box 1704 Savannah 31402 3 Glenn E. Bryant P.O. Box 585 Hinesville 31313 4 Joseph E. Kennedy P.O. Box 246 Claxton 30417 5 Joe Burton 2598 Woodwardia Rd. NE Atlanta 30345 6 Earl Echols, Jr. P.O. Box 352 Patterson 31557 7 Ed Perry P.O. Box 925 Nashville 31639 8 Loyce W. Turner P.O. Box 157 Valdosta 31603 9 R. T. (Tom) Phillips 1703 Pounds Rd. Stone Mountain 30087 10 Harold J. Ragan 1296 Crine Boulevard NW Cairo 31728 11 Jimmy Hodge Timmons 132 South Woodlawn St. Blakely 31723 12 Al Holloway P.O. Box 588 Albany 31702 13 Rooney L. Bowen P.O. Box 1238 Cordele 31015 14 Lewis H. (Bud) McKenzie P.O. Box 565 Montezuma 31063 15 Floyd Hudgins P.O. Box 12127 Columbus 31907 16 Ted J. Land 1069 Standing Boy Court Columbus 31904 17 Alex Crumbley P.O. Box 775 McDonough 30253 18 Ed Barker P.O. Box 5036 Warner Robins 31099 19 Walter S. Ray Box 295 Douglas 31533 20 Hugh M. Gillis, Sr. P.O. Box 148 Soperton 30457 21 Bill English 214 Golf Dr. Swainsboro 30401 22 Thomas F. Allgood 615 Telfair Bldg. Augusta 30903 23 Frank A. Albert 3102 Walton Way Ext. Augusta 30909 24 Sam P. McGill P.O. Box 520 Washington 30673 25 Culver Kidd P.O. Box 370 Milledgeville 31061 26 Tommy C. Olmstead P.O. Box 5128 Macon 31298 27 W. F. (Billy) Harris 1261 Willingham Springs Rd. Thomaston 30286 28 Arthur B. Skin Edge IV 15 Jefferson Street Newnan 30263 29 A. Quillian Baldwin, Jr. P.O. Box 1364 LaGrange 30241 30 Wayne Garner 109 Stonewall Drive Carrollton 30117 31 Nathan Dean 340 Wingfoot St. Rockmart 30153 32 James E. Tolleson 2195 Beech Valley Dr. Smyrna 30080 33 Roy E. Barnes 4841 Brookwood Drive Mableton 30059 34 Bev Engram P.O. Box 908 Fairburn 30213 35 Arthur Langford, Jr. 1544 Niskey Lake Trail SW Atlanta 30331 36 David Scott 190 Wendell Dr. SE Atlanta 30315 37 Carl Harrison P.O. Box 1374 Marietta 30061 38 Horace E. Tate 621 Lilla Dr. SW Atlanta 30310 39 Hildred W. Shumake 1103 Fair Street Atlanta 30314 40 Paul D. Coverdell 2622 Piedmont Rd. NE Atlanta 30324 41 James W. (Jim) Tysinger 3781 Watkins Place NE Atlanta 30319 42 Pierre Howard 160 Clairemont Ave. 92 Fidelity National Bank Bldg. Decatur 30030 43 Eugene P. (Gene) Walker P.O. Box 371599 Decatur 30037-1599 44 Terrell Starr 4766 Tanglewood Lane Forest Park 30050 45 Harrill L. Dawkins 1445-A Old McDonough Rd. Conyers 30207 46 Paul C. Broun 165 Pulaski St. Athens 30610 47 M. Parks Brown P.O. Box 37 Hartwell 30643 48 Donn M. Peevy P.O. Box 862 Lawrenceville 30246 49 J. Nathan Deal P.O. Box 2522 Gainesville 30503 50 John C. Foster P.O. Box 100 Cornelia 30531 51 Max Brannon P.O. Box 1027 Calhoun 30701 52 Edward Hine, Jr. P.O. Box 5511 Rome 30161 53 Waymond C. Huggins P.O. Box 284 LaFayette 30728 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400 Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail Stone Mountain 30083 56 Sallie Newbill 7205 Riverside Drive Atlanta 30328

Page CLXIV

GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 153 Atkinson 139 150 Bacon 152 Baker 140 Baldwin 105 107 Banks 11 12 Barrow 64 Bartow 15 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152 153 Brooks 147 Bryan 126 129 Bulloch 110 111 Burke 108 110 Butts 78 Calhoun 131 Camden 151 152 Candler 109 Carroll 69, 70 71 Catoosa 2 3 Charlton 150 151 Chatham 122/128 Chattahoochee 112 130 Chattooga 5 Cherokee 8 10 Clarke 13, 67 68 Clay 131 Clayton 72 Clinch 150 Cobb 20 21 Coffee 139 Colquitt 144 145 Columbia 83 84 Cook 146 Coweta 71, 75, 77 81 Crawford 80 98 Crisp 135 Dade 1 5 Dawson 9 Decatur 141 142 DeKalb 43/58 Dodge 118 Dooly 135 Dougherty 132/134, 140 Douglas 41, 42 70 Early 140 Echols 147 Effingham 129 Elbert 14 Emanuel 109 Evans 121 Fannin 4 Fayette 43 Floyd 15 16 Forsyth 10 Franklin 13 Fulton 22/40 Gilmer 4 Glascock 82 Glynn 155 156 Gordon 7 Grady 142 Greene 106 Gwinnett 9, 59/64 Habersham 11 Hall 9 Hancock 106 Haralson 18 Harris 93 Hart 13 Heard 77 Henry 73 78 Houston 113/115 Irwin 137 Jackson 12 Jasper 80 Jeff Davis 153 Jefferson 82 108 Jenkins 110 Johnson 107 109 Jones 80 104 Lamar 78 Lanier 149 Laurens 118 119 Lee 131 136 Liberty 129 154 Lincoln 82 Long 121 Lowndes 147, 148 149 Lumpkin 4 Macon 98 115 Madison 13 14 Marion 112 McDuffie 84 McIntosh 156 Meriwether 91 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 66 Murray 3 Muscogee 92/97 Newton 66 74 Oconee 66 Oglethorpe 14 Paulding 18 41 Peach 98 Pickens 8 Pierce 152 Pike 75 79 Polk 17 18 Pulaski 117 Putnam 106 Quitman 130 Rabun 4 Randolph 130 Richmond 85/90 Rockdale 57 Schley 112 Screven 110 111 Seminole 114 Spalding 75 76 Stephens 11 Stewart 130 Sumter 116 Talbot 91 Taliaferro 82 Tattnall 121 Taylor 112 Telfair 118 137 Terrell 131 Thomas 142 143 144 Tift 138 146 Toombs 120 153 Towns 4 Treutlen 120 Troup 77 81 Turner 117 136 Twiggs 104 Union 4 Upson 79 Walker 1 5 Walton 65 Ware 150 151 Warren 82 Washington 107 Wayne 153 Webster 130 Wheeler 120 White 11 Whitfield 3 6 Wilcox 117 Wilkes 82 Wilkinson 104 Worth 136

Page CLXVI

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1987-1988 District Representative Address 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Dr., SE Smyrna 30080 57-Post 3 Dean Alford 20 Willowick Dr. Lithonia 30058 127 Roy L. Allen 1406 Law Dr. Savannah 31401 57-Post 1 Troy A. Athon 1161 Valley Dr., NE Conyers 30207 21-Post 3 Bill Atkins 4719 Windsor Dr. Smyrna 30080 72-Post 5 Frank I. Bailey, Jr P.O. Box 777 Riverdale 30274 140 Ralph J. Balkcom Route 1 Blakely 31723 62 Charles E. Bannister 312 Emily Dr. Lilburn 30247 108 Emory E. Bargeron P.O. Box 447 Louisville 30434 10 Bill H Barnett P.O. Box 755 Cumming 30130 59 O. M. (Mike) Barnett 4779 St. Moritz Drive Lilburn 30247 148 James M. Beck 2427 Westwood Dr. Valdosta 31602 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane SW Atlanta 30311 104 Kenneth (Ken) W. Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 138 Henry Bostick P.O. Box 94 Tifton 31793 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 91 Claude A. Bray, Jr P.O. Box 549 Manchester 31816 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310-0185 88 George M. Brown P.O. Box 1114 Augusta 30903 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 103 Floyd M. Buford, Jr. P.O. Box 13183 Macon 31208-3183 153-Post 2 Roger C. Byrd P.O. Box 756 Hazlehurst 31539 65 (Thomas) Tyrone Carrell P.O. Box 561 Monroe 30655 146 Hanson Carter P.O. Box 711 Nashville 31639 133 Tommy Chambless P.O. Box 2008 Albany 31703-2001 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Don Cheeks 3047 Walton Way Augusta 30909 15-Post 1 E. M. (Buddy) Childers 28 Surrey Trail Rome 30161 53 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 23 Luther S. Colbert 495 Houze Way Roswell 30076 118 Terry L. Coleman P.O. Box 157 Eastman 31023 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 87 Jack Connell P.O. Box 308 Augusta 30903 20-Post 3 Bill Cooper 2432 Powder Springs Rd. Marietta 30064 40 Barbara H. Couch 2864 W. Roxboro Rd. NE Atlanta 30324 141 Walter E. Cox 202 West St. Bainbridge 31717 5 John G. Crawford P.O. Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 17 Bill Cummings 508 Morgan Valley Rd. Rockmart 30153 29 Grace W. Davis 260 Fulton St., SW Atlanta 30312 45 J. Max Davis 1177 W. Nancy Creek Dr., NE Atlanta 30319 151 Harry D. Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 329 Harold Dobbs Road Covington 30209 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 73 Wesley Dunn P.O. Box 353 McDonough 30253 112 Ward Edwards P.O. Box 146 Butler 31006 22 Dorothy Felton 465 Tanacrest Dr., NW Atlanta 30328 154 James M. Floyd P.O. Box 1009 Hinesville 31313 6-Post 2 Philip A. (Phil) Foster 411 College Dr., Apt. E-16 Dalton 30720 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 110 John F. Godbee 401 Lane St. Brooklet 30415 63 Bill Goodwin 3823 Club Forest Dr. Norcross 30092 106 George F. Green Rt. 1, Box 46F White Plains 30678 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 39 John W. Greer Suite 605 133 Carnegie Way, NW Atlanta 30303 21-Post 4 Johnny Gresham 1010 Richmond Hill Drive Marietta 30067 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 99 Denmark Groover, Jr. P.O. Box 755 Macon 31202 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 131 Bob Hanner P.O. Box 310 Dawson 31742 84 Bobby Harris Rt. 5, Box 593 Thomson 30824 8-Post 2 W. G. (Bill) Hasty, Sr. Route 9, Hilton Way Canton 30114 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 20-Post 2 Sam P. Hensley 876 Old Mountain Road Marietta 30064 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 28 Bob Holmes P.O. Box 110009 Atlanta 30311-0009 116 George Hooks P.O. Box 928 Americus 31709 117 Newt Hudson Route 1, Box 29-A Rochelle 31079 21-Post 2 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30068 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 83 William S. Bill Jackson 3907 Washington Rd. Martinez 30907 11-Post 2 Mary Jeanette Jamieson P.O. Box 852 Toccoa 30577 123 Diane Harvey Johnson 1201 E. Duffy St. P.O. Box 5544 Savannah 31414 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 76 Suzi Johnson-Herbert P.O. Box 277 Orchard Hill 30266 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 125 Jack Kingston 30 Wylly Ave. Savannah 31406 111 Bob Lane 205 Aldred Ave. Statesboro 30458 27 Dick Lane 2704 Humphries St. East Point 30344 7 James Beverly Landford P.O. Box 277 Calhoun 30701 20-Post 5 Terry D. Lawler P.O. Box 189 Clarkdale 30020 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 142 Bobby Long 1466 6th St., NW Cairo 31728 107 Jimmy Lord P.O. Box 254 Sandersville 31082 102 David E. Lucas 448 Woolfolk St. Macon 31201 25 John M. Lupton 594 Westover Dr. Atlanta 30305 57-Post 2 William C. (Bill) Mangum, Jr 4320 Pleasant Forest Dr. Decatur 30034 26 Jim Martin Suite 504, 44 Broad St. Atlanta 30303 12 Lauren (Bubba) McDonald, Jr Route 5, Dogwood Trail Commerce 30529 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 81 Wade Milam 419 College Ave. P.O. Box 1361 LaGrange 30241 13-Post 2 Billy Milford Route 3, P.O. Box 3278 Hartwell 30643 64 John O. Mobley, Jr 102 Brandywine Drive Winder 30680 153-Post 1 Lundsford Moody Route 1, Box 205 Baxley 31513 139 James C. Moore Route 2 West Green 31567 47 Chesley V. Morton, Jr 3580 Coldwater Canyon Ct. Tucker 30084 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 93 Roy D. Moultrie P.O. Box 119 Hamilton 31811 126 Anne Mueller 13013 Hermitage Rd. Savannah 31419 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 121 Clinton Oliver P.O. Box 237 Glennville 30427 30 Nan Orrock 1070 Delaware Ave. SE Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Rd. Augusta 30906 122 James L. (Jim) Pannell 218 W. State St. P.O. Box 10186 Savannah 31412 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 109 Larry J. Butch Parrish 224 W. Main St. Swainsboro 30401 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 19 Boyd Pettit P.O. Box 1256 Cartersville 30120 120 L. L. (Pete) Phillips P.O. Box 166 Soperton 30457 100 Frank C. Pinkston P.O. Box 4872 Macon 31208 60 Ronald W. Pittman 3636 Tinsley Place Duluth 30136 119 DuBose Porter 125 N. Franklin St. Dublin 31021 145 C. J. Powell P.O. Box 2534 Moultrie 31768 8-Post 1 Allyn Prichard Route 8, Stover Rd. Canton 30114 135 Howard H. Rainey 913 Third Ave., E Cordele 31015 3 Tom Ramsey P.O. Box 1130 Chatsworth 30705 155 Virginia P. Ramsey 393 Lake Circle Drive Brunswick 31520 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 90 Dick Ransom 3204 Skinner Mill Road Augusta 30909 98 Robert Ray Route 1, Box 189 Fort Valley 31030 147 Henry L. Reaves Route 2, Box 83 Quitman 31643 50 Frank L. Redding, Jr P.O. Box 117 Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 82 Edward D. Ricketson, Jr P.O. Box 735 Warrenton 30828 58 Cas Robinson P.O. Box 513 Stone Mountain 30086 96 Pete Robinson 3334 Coweta Drive Columbus 31907 144 A. Richard Royal 20 N. Scott St. Camilla 31730 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 71 J. Neal Shepard, Jr P.O. Box 836 Newnan 30264 143 Allen Sherrod Route 1 Coolidge 31738 70 John Simpson 1119 Bowdon-Tyus Rd. Bowdon 30108 37 Georganna T. Sinkfield 179 Tonawanda Dr., SE Atlanta 30315 136 Earleen Sizemore Route 3, 47D Sylvester 31791 78 Larry Smith P.O. Box 4155 Jackson 30233 16 Paul E. Smith P.O. Box 486 Rome 30161 152 Tommy Smith Route 1 Alma 31510 156 Willou Smith Box 10, St. Andrews Court Riverfront Plaza Brunswick 31520 92 Calvin Smyre P.O. Box 181 Columbus 31902 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 66 Frank E. Stancil P.O. Box 694 Watkinsville 30677 33 LaNette Stanley 712 Gary Rd., NW Atlanta 30318 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 68 Lawton Evans Stephens P.O. Box 8064 Athens 30603 69 Charles Thomas P.O. Box 686 Temple 30179 31 Mable Thomas P.O. Box 573 Atlanta 30301 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 67 Michael L. Thurmond 1127 W. Hancock Ave. Athens 30606 24 Kiliaen V. R. (Kil) Townsend 56 Paces West Drive NW Atlanta 30327 128 Tom Triplett P.O. Box 9586 Savannah 31412 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 80 Kenneth Waldrep P.O. Box 657 Forsyth 31029 85 Charles W. Walker 1402 Twelfth St. Augusta 30901 115 Larry Walker P.O. Box 1234 Perry 31069 61 Vinson Wall 164 E. Oak St. Lawrenceville 30245 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 41 Charlie Watts 505 Hardee St. Dallas 30132 132 John White P.O. Box 3506 Albany 31706 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 54 Juanita Terry Williams 8 E. Lake Dr. NE Atlanta 30317 20-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 9-Post 1 Joe T. Wood 500 Bradford St. NE P.O. Drawer 1058 Gainesville 30503 51 Ken Workman 4794 Bexley Drive Stone Mountain 30083 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 134 Mary M. Young 307 Whitney Ave. Albany 31705

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1987-1988 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Michael M. Snow Route 2, Box 1595 Chickamauga 30707 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 3 Tom Ramsey P.O. Box 1130 Chatsworth 30705 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford P.O. Box 518 Lyerly 30730 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 6-Post 2 Philip A. (Phil) Foster 411 College Dr., Apt E-16 Dalton 30720 7 James Beverly Langford P.O. Box 277 Calhoun 30701 8-Post 1 Allyn Prichard Rt. 8, Stover Rd. Canton 30114 8-Post 2 W. G. (Bill) Hasty, Sr. Route 9, Hilton Way Canton 30114 9-Post 1 Joe T. Wood 500 Bradford St. NE P.O. Drawer 1058 Gainesville 30503 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett P.O. Box 755 Cumming 30130 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 11-Post 2 Mary Jeanette Jamieson P.O. Box 852 Toccoa 30577 12 Lauren (Bubba) McDonald, Jr. Route 5, Dogwood Trail Commerce 30529 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 13-Post 2 Billy Milford Route 3, P.O. Box 3278 Hartwell 30643 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 15-Post 1 E. M. (Buddy) Childers 28 Surrey Trail Rome 30161 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 16 Paul E. Smith P.O. Box 486 Rome 30162 17 Bill Cummings 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 19 Boyd Pettit P.O. Box 1256 Cartersville 30120 20-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 20-Post 2 Sam P. Hensley 876 Old Mountain Road Marietta 30064 20-Post 3 Bill Cooper 2432 Powder Springs Rd. Marietta 30064 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 20-Post 5 Terry D. Lawler P.O. Box 189 Clarkdale 30020 21-Post 1 Fred Aiken 4020 Pineview Dr. SE Smyrna 30080 21-Post 2 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30068 21-Post 3 Bill Atkins 4719 Windsor Dr. Smyrna 30080 21-Post 4 Johnny Gresham 1010 Richmond Hill Drive Marietta 30067 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 22 Dorothy Felton 465 Tanacrest Dr. NW Atlanta 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend 56 Paces West Drive NW Atlanta 30327 25 John M. Lupton 594 Westover Dr. Atlanta 30305 26 Jim Martin Suite 504, 44 Broad St. Atlanta 30303 27 Dick Lane 2704 Humphries St. East Point 30344 28 Bob Holmes P.O. Box 110009 Atlanta 30311-0009 29 Grace W. Davis 260 Fulton St., SW Atlanta 30312 30 Nan Orrock 1070 Delaware Ave., SE Atlanta 30316 31 Mable Thomas P.O. Box 573 Atlanta 30301 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 33 LaNette Stanley 712 Gary Rd., NW Atlanta 30318 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310-0185 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 37 Georganna T. Sinkfield 179 Tonawanda Dr., SE Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane SW Atlanta 30311 39 John W. Greer Suite 605 133 Carnegie Way, NW Atlanta 30303 40 Barbara H. Couch 2864 W. Roxboro Rd. NE Atlanta 30324 41 Charlie Watts 505 Hardee St. Dallas 30132 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr. NE Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Ct. Tucker 30084 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 50 Frank L. Redding, Jr. P.O. Box 117 Decatur 30030 51 Ken Workman 4794 Bexley Drive Stone Mountain 30083 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 54 Juanita Terry Williams 8 E. Lake Dr. NE Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 57-Post 1 Troy A. Athon 1161 Valley Dr. NE Conyers 30207 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 57-Post 3 Dean Alford 20 Willowick Dr. Lithonia 30058 58 Cas Robinson P.O. Box 513 Stone Mountain 30086 59 O. M. (Mike) Barnett 4779 St. Moritz Drive Lilburn 30247 60 Ronald W. Pittman 3636 Tinsley Place Duluth 30136 61 Vinson Wall 164 E. Oak St. Lawrenceville 30245 62 Charles E. Bannister 312 Emily Dr. Lilburn 30247 63 Bill Goodwin 3823 Club Forest Dr. Norcross 30092 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 65 (Thomas) Tyrone Carrell P.O. Box 561 Monroe 30655 66 Frank E. Stancil P.O. Box 694 Watkinsville 30677 67 Michael L. Thurmond 1127 W. Hancock Ave. Athens 30606 68 Lawton Evans Stephens P.O. Box 8064 Athens 30603 69 Charles Thomas P.O. Box 686 Temple 30179 70 John Simpson 1119 Bowdon-Tyus Rd. Bowdon 30108 71 J. Neal Shepard, Jr. P.O. Box 836 Newnan 30264 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 72-Post 5 Frank I. Bailey, Jr. P.O. Box 777 Riverdale 30274 73 Wesley Dunn P.O. Box 353 McDonough 30253 74 Denny M. Dobbs 329 Harold Dobbs Road Covington 30209 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 76 Suzi Johnson-Herbert P.O. Box 277 Orchard Hill 30266 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 78 Larry Smith P.O. Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Kenneth Waldrep P.O. Box 657 Forsyth 31029 81 Wade Milam 419 College Ave. P.O. Box 1361 LaGrange 30241 82 Edward D. Ricketson, Jr. P.O. Box 735 Warrenton 30828 83 William S. Bill Jackson 3907 Washington Rd. Martinez 30907 84 Bobby Harris Rt. 5, Box 593 Thomson 30824 85 Charles W. Walker 1402 Twelfth St. Augusta 30961 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 George M. Brown P.O. Box 1114 Augusta 30903 89 Don Cheeks 3047 Walton Way Augusta 30909 90 Dick Ransom 3204 Skinner Mill Road Augusta 30909 91 Claude A. Bray, Jr. P.O. Box 549 Manchester 31816 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 Roy D. Moultrie P.O. Box 119 Hamilton 31811 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 96 Pete Robinson 3334 Coweta Drive Columbus 31907 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Robert Ray Route 1, Box 189 Fort Valley 31030 99 Denmark Groover, Jr. P.O. Box 755 Macon 31202 100 Frank C. Pinkston P.O. Box 4872 Macon 31208 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Floyd M. Buford, Jr. P.O. Box 13183 Macon 31208-3183 104 Kenneth (Ken) W. Birdsong Route 1 Gordon 31031 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 106 George F. Green Rt. 1, Box 46F White Plains 30678 107 Jimmy Lord P.O. Box 254 Sandersville 31082 108 Emory E. Bargeron P.O. Box 447 Louisville 30434 109 Larry J. Butch Parrish 224 W. Main St. Swainsboro 30401 110 John F. Godbee 401 Lane St. Brooklet 30415 111 Bob Lane 205 Aldred Ave. Statesboro 30458 112 Ward Edwards P.O. Box 146 Butler 31006 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George Hooks P.O. Box 928 Americus 31709 117 Newt Hudson Route 1, Box 29-A Rochelle 31079 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 DuBose Porter 125 N. Franklin St. Dublin 31021 120 L. L. (Pete) Phillips P.O. Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 James L. (Jim) Pannell 218 W. State St. P.O. Box 10186 Savannah 31412 123 Diane Harvey Johnson 1201 E. Duffy St. P.O. Box 5544 Savannah 31414 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 125 Jack Kingston 30 Wylly Ave. Savannah 31406 126 Anne Mueller 13013 Hermitage Rd. Savannah 31419 127 Roy L. Allen 1406 Law Dr. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31412 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 131 Bob Hanner P.O. Box 310 Dawson 31742 132 John White P.O. Box 3506 Albany 31706 133 Tommy Chambless P.O. Box 2008 Albany 31703-2001 134 Mary M. Young 307 Whitney Ave. Albany 31705 135 Howard H. Rainey 913 Third Ave., E Cordele 31015 136 Earleen Sizemore Route 3, 47D Sylvester 31791 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 138 Henry Bostick P.O. Box 94 Tifton 31793 139 James C. Moore Route 2 West Green 31567 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 1466 6th St., NW Cairo 31728 143 Allen Sherrod Route 1 Coolidge 31738 144 A. Richard Royal 20 N. Scott St. Camilla 31730 145 C. J. Powell P.O. Box 2534 Moultrie 31768 146 Hanson Carter P.O. Box 711 Nashville 31639 147 Henry L. Reaves Route 2, Box 83 Quitman 31643 148 James M. Beck 2427 Westwood Dr. Valdosta 31602 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 151 Harry D. Dixon 1303 Coral Rd. Waycross 31501 152 Tommy Smith Route 1 Alma 31510 153-Post 1 Lundsford Moody Route 1, Box 205 Baxley 31513 153-Post 2 Roger C. Byrd P.O. Box 756 Hazlehurst 31539 154 James M. Floyd P.O. Box 1009 Hinesville 31313 155 Virginia P. Ramsey 393 Lake Circle Drive Brunswick 31520 156 Willou Smith Box 10, St. Andrews Court Riverfront Plaza Brunswick 31520

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1986 Georgia Laws Referendums Proposed Election Results Not Known Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 5 16 1955 17 1 1 15 1956 39 4 1 34 1957 24 ..... 1 23 1958 45 2 2 41 1959 34 ..... 1 33 1960 47 7 1 39 1961 27 ..... 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 35 2 3 30 1964 Ex. Sess. 9 1 1 7 1965 23 3 ..... 20 1966 25 ..... 2 23 1967 39 ..... 2 37 1968 48 3 1 44 1969 48 3 3 42 1970 44 4 1 39 1971 43 ..... 5 38 1971 Ex. Sess. 3 ..... ..... 3 1972 64 1 1 62 1973 21 1 2 18 1974 25 1 1 23 1975 33 1 1 31 1975 Ex. Sess. 1 ..... ..... 1 1976 26 ..... 2 24 1977 13 ..... ..... 13 1978 25 ..... 1 24 1979 5 ..... ..... 5 1980 22 ..... 4 18 1981 10 ..... 2 8 1982 36 ..... ..... 36 1983 18 ..... 2 16 1984 37 ..... 3 34 1985 25 0 5 20 1986 66 0 10 56 TOTALS 1071 42 66 963

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REFERENDUM ELECTIONS The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For 23: Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 65; Agn 53 Twiggs 2570 County Commissioners 11-2-54 For 161 Agn 626

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4-5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

Page CLXXXVII

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For 107 Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463 Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultrie Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a) 4,743 For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831

Page CXC

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18

Page CXCII

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5- 7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held

Page CXCVI

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629

Page CXCIX

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For 1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 276 Agn 522 Cobb 2127 City of Smyrna Election Results Not Known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 Agn 959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For 8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806

Page CCIII

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4-1-61 City vote: For108; Agn 26 Outside City vote: For 41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page CCVI

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11- 6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn-58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page CCIX

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6-4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5-1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page CCXII

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 Agn 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

Page CCXV

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page CCXVI

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 * Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page CCXVIII

Georgia Laws, 1966: County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11- 8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11- 8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4- 2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4- 2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11- 8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For2504 Agn5173 Adamsville For 198 Agn 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11- 8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4- 6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11- 8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5- 7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5- 4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5- 4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11- 8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page CCXX

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9- 1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athens Not held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11- 7-67 For1001 Agn2317 Houston 3244 County Board of Education 11- 7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For 1069 Agn 539 Meriwether 2011 City of Greenville 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5- 3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5- 3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 County Board of Education 9- 6-67 For 441 Agn 65 Polk 2718 County Board of Education 11- 5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page CCXXIII

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page CCXXVII

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293

Page CCXXXI

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For 648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 Clarke 2985 County School District Tax 11- 3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595 Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2 539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For 482 Agn 156 Mitchell 2632 County School Superintendent 6-16-70 For 287 Agn 350 Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For 807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page CCXXXIV

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049 Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm. 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730

Page CCXXXVII

Georgia Laws, 1971, Extra session: County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page CCXXXVIII

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 * For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sec. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon ..... For ..... Agn. City of Macon-Bibb.....9,578.....12,101 City of Macon-Jones.....3.....3 .....-----.....----- .....9,581.....12,104 City of Macon * * County of Bibb ..... For ..... Agn. City of Macon-Bibb.....9,578.....12,101 Outside City Limits.....597.....3,395 Payne City.....2.....35 .....-----.....----- .....10,177.....15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 * For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 * For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72 * For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 * For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 * For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Election Results Not Known Camden 3138 Certain county officers salary 8- 8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72 * Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72 * Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72 * Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8- 8-72 * Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 City of Savannah Not held * Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 * Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 * For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 * For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 * For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 * For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 * For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County Commissioners 8- 8-72 * For 1,410 Agn 616 Heard 2113 Board of County Commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 * For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 * For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 * For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 * For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 * For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 * For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 * Not Held Macon 2322 Board of County Commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 * For 1,060 Agn 1,785 Madison 2972 Appt. of County School Superintendent 11- 7-72 * For 921 Agn 2,145 Peach 3212 Appt. of County School Superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 * For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 * For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 * For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 * For 654 Agn 608

Page CCXLIII

Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page CCXLIV

Georgia Laws, 1973: County Page No. SUBJECT Date of Election Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes 45 No 588 Brantley 3631 City of Nahunta Election Results Not Known Chatham 2268 Savannah-Chatham County Government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019. Chatham County For 3,157 Agn 6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For 1,818 Agn 1,591 Clarke 2367 City of Athens 5-31-73 For 2,430 Agn 1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes 1,809 No 1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11- 6-73 For 1,326 Agn 1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11- 5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171. 11- 5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6- 5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page CCXLVI

Georgia Laws, 1974: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11- 5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11- 5-74 # Yes: 741 No: 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No: 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach-Tybee Island 4- 1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11- 5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11- 5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11- 5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11- 5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6- 8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6- 1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12- 4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4- 9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6- 5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4- 9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11- 5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11- 5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.

Page CCXLVIII

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 County Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947

Page CCL

Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page CCLI

Georgia Laws, 1975: County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxley-corporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11- 4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5- 4-76 * * Date of Presidential Preference Primary 5-4-76. Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 8-10-76. Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5- 4-76 * For: 29,643 Agn: 41,355 Dodge 3031 County Board of Education elected 11- 4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7- 8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5- 4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7- 8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7- 9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 Spalding 4352 Board of County Commissioners 11- 4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4499 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality ..... Yes ..... No Savannah.....9,658.....6,595 Unincorporated area.....4,979.....3,857 Bloomingdale.....122.....146 Garden City.....362.....466 Pooler.....166.....190 Port Wentworth.....227.....297 Savannah Beach.....469.....168 Thunderbolt.....230.....138 Vernonburg.....24.....20 (This election act was on a population basis and affects only Chatham County)

Page CCLII

1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9- 9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

Page CCLIII

Georgia Laws, 1976: County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * * Date of Presidential Preference Primary Election (May 4, 1976). Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5- 4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment #1 5- 4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5- 4-76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11- 2-76 ** ** Date of November 2, 1976 General Election. Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent 11- 2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5- 4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5- 4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5- 4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5- 4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5- 4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5- 4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5- 4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5- 4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5- 4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5- 4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11- 2-76 ** Yes: 1,259 No: 1,863 Richmond 4927 Augusta-Richmond County unified government 5- 4-76 * Yes: 11,027 No: 13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5- 4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11- 2-76 ** Yes: 802 No: 352

Page CCLV

Georgia Laws, 1977: County Page No. SUBJECT Date of Election Result Baker 2603 County Board of Educationvacancies 11- 7-78 * * Date of November 7, 1978 General Election. Yes: 151 No: 95 Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes: 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5- 9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11- 7-78 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1,618 No: 744 Schley 2952 County Commissionersterms staggered 11- 7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11- 7-78 * Yes: 167 No: 58 Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1,375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1,042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1,158 Towns 3974 County Board of Education and County School Superintendent 2- 2-78 Yes: 1,014 No: 1,384 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page CCLVI

Georgia Laws, 1978: County Page No. SUBJECT Date of Election Result Bryan 3774 Board of education 5- 2-78 Yes: 739 No: 259 Butts 3368 Board of education 11- 7-78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Alcoholic beverages on Sunday 8- 8-78 ** ** Date of General Primary 1978 Chatham County (Unincorporated area) Yes: 2,022 No: 1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50 Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091 Chatham 4466 Municipal Court of Savannah 8- 8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education 11- 7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4- 4-78 Yes: 2,449 No: 2,308 Clarke 4573 Use of School Tax in Clarke County 11- 7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11- 7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11- 7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11- 7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11- 7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11- 7-78 * Yes: 453 No: 692 Rabun 3430 Board of Education 11- 7-78 * Yes: 861 No: 300 Rockdale 3868 City of Conyers 7- 8-78 Yes: 179 No: 167 Telfair 3445 School Board and Superintendent 11- 7-78 * #1 386 #2 231 #3 323 Thomas 3746 Tax Commissioner 11- 7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11- 7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11- 7-78 * Yes: 2,674 No: 797 Twiggs 3408 County Commissioners 8- 8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell (Civil Action File No. 18,462) Not Held

Page CCLVII

This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will be enable the reader to refer to the Act which called for the referendum.

Page CCLVIII

Georgia Laws, 1979: County Page No. SUBJECT Date of Election Result Carroll 4245 City of Sand HillCity Charter 6-12-79 Yes: 102 No: 193 Glynn 3467 Education Districts 12-11-79 Yes: 2,490 No: 977 Montgomery 3151 Board of Education 6- 5-79 Question #1 Proposal #1 320 Proposal #2 205 Proposal #3 92 Question #2 Proposal #1 881 Proposal #2 860 Proposal #3 1,015 Stephens 3047 Terms of Boards of Commissioners 4-24-79 Yes: 921 No: 329 Telfair 3539 School Districts 7-31-79 Yes: 858 No: 615 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page CCLIX

Georgia Laws, 1980: County Page No. SUBJECT Date of Election Result Baldwin 3043 Board of Commissioners 5-13-80 Yes: 714 No: 1,194 Ben Hill 3954 Tax Commissioner 5-28-80 Yes: 614 No: 398 Chatham (City of Thunderbolt) 3653 Corporate Limits of City of Thunderbolt 5-27-80 Thunderbolt Proposition #1 Yes: 152 No: 140 Proposition #2 Yes: 109 No: 177 Macceo Island Proposition #1 Yes: 58 No: 5 Proposition #2 ..... Bonna Bella Proposition #1 ..... Proposition #2 Yes: 62 No: 21 Cherokee 3275 Board of Education 8-12-80 Yes: 814 No: 435 Coffee 1795 Election of School Supt. Not Held Columbia 3707 Board of Commissioners 5- 7-80 Yes: 1,920 No: 1,103 Decatur 3272 Board of Ed. residency requirements 11- 4-80 Yes: 2,267 No: 899 DeKalb 3996 Type of Government for DeKalb Co. 8- 5-80 Type 1: 38,094 Type 2: 23,553 Douglas 4120 Board of Education 11- 4-80 Yes: 3,424 No: 7,389 Effingham 3542 Board of Education 8-12-80 Yes: 430 No: 92 Gordon 3720 Board of Education Not Held Henry 3009 County Commissioners 3-11-80 Yes: 2,252 No: 1,500 Irwin 3030 Office of Tax Commissioner 4- 8-80 Yes: 834 No: 119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor Council (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell (City of Pelham) 3914 Elections etc. 6- 3-80 Yes: 254 No: 392 Oconee 3757 Bd. of County Commissioners 5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122 Corporate Limits (City of Cohutta) 5-17-80 Yes: 10 No: 0

Page CCLX

Georgia Laws, 1981: County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election. Chatham Change the corporate limits of said city 6-25-81 Corporate limits (City of Tybee Island) 4914 Yes: 222 No: 60 Unincorporated area Yes: 18 No: 102 Clarke 3065 Consolidate Govt. for City of Athens and Clarke Co. 2-16-82 County: Yes: 2,388 No: 2,883 City: Yes: 2,611 No: 2,120 Coffee 3626 Election of School Superintendent 6- 2-81 Yes: 1,329 No: 1,424 DeKalb 4304 Establishing form of Government * Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1,393 No: 185 Gordon 3269 Abolish Bd. of Comm. and re-create office of County Commissioner 8- 4-81 Yes: 1,319 No: 1,664 Gordon 3586 Provide election term of School Supt. 8- 4-81 Yes: 1,527 No: 778 Miller 4713 Change method of elect. mbrs. of Bd. of Ed. 8- 4-81 Yes: 710 No: 182 Richmond 3677 Biennial ele. for members of Bd. of Ed. 11- 3-81 Yes: 7,352 No: 1,526

Page CCLXI

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result Appling 4642 5 or 6 mbr. bd. of commissioners 11- 2-82 Five mbr. - 1191 Six mbr. - 1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9,365 - 9,385) 8- 2-82 Yes 1,299 No 351 Baldwin * * These are 1981 laws that were required to be held in 1982. 4072 Disposal sites of hazardous wastes 8-10-82 Yes 1,652 No 1,465 Bartow 4589 Terms of mbrs. of Board of Ed. 8-10-82 Yes 1,652 No 1,465 Bartow 4584 Compensation of bd. of education 8-10-82 Yes 1,615 No 1,450 Bartow 4586 Superintendent of schools 8-10-82 Yes 843 No 2,205 Bibb 4625 Bd. of education Districts 11- 2-82 Yes 15,184 No 5,458 Bibb 4406 Bd. of public education and orphanage 11- 2-82 Yes 9,455 No 12,176 Bryan 4270 Members of bd. of commissioners 11- 2-82 Yes 883 No 429 Bryan 4285 Office of treasurer abolished 8-10-82 Yes 832 No 709 Chatham (Town of Thunderbolt) 4295 Corporate limits 6-22-82 Corporate Limits Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200 Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000 - 75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000 - 550,000) (295,000 - 300,000) - (350,000 - 500,000) 11-2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11-2-82 Yes 1,623 No 1,020 DeKalb * 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11-2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6-1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 #3 Proposal - 573 Gwinnett 3510 Board of education 4-6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230 Jackson 4012 Jackson County school district merged with Jefferson City school district and Commerce City school district 11-2-82 Jackson Co. Yes 1,991 No 2,438 Inside City of Commerce Yes 796 No 243 Inside City of Jefferson Yes 390 No 78 Lowndes 3582 Board of commissioners 11-2-82 Yes 3,652 No 4,513 Lumpkin 4274 Superintendent of Schools 6-8-82 Yes 312 No 595 Lumpkin 4277 Board of education 6-8-82 Yes 720 No 191 Oconee (City of Bogart) 4869 New charter 12-7-82 Yes 66 No 147 Pierce 4649 School board and superintendent 11-2-82 Proposal No. 1 Question No. 1 - 526 Question No. 2 - 1,124 Proposal No. 2 Question No. 1 - 613 Question No. 2 - 947 Pulaski 4638 School district superintendent 11-2-82 Yes 698 No 787 Twiggs 3627 Election of members of Bd. of Ed. 8-10-82 Yes 1,327 No 533 Ware (City of Waycross) 4611 Land conveyance authorized 11- 2-82 Yes 1,869 No 878 Wayne 3789 4717 Board of commissioners 11- 2-82 Yes 1,320 No 684 Wheeler 4126 Board of education Was not held Worth 3715 Board of commissioners 11- 2-82 Yes 1,643 No 733

Page CCLXV

Georgia Laws, 1983: County Page No. SUBJECT Date of Election Result Atkinson 4115 Board of Commissioners compensation election 3-13-84 Yes 123 No 1,114 Bartow Polk (Town of Taylorsville) 4161 Corporate limits of Town of Taylorsville 5-11-83 Bartow Yes 47 No 7 Polk Yes 15 No 4 Bibb 4251 Providing for district boundary adjustments for Board of Education and Orphanage 11- 8-83 Yes 5,361 No 1,841 Chatham County City of Savannah 4039 Terms of Board of Public Education and changes certain district designations 5-3-83 Yes 1,367 No. 2,815 Chatham (City of Tybee Island) 3586 Mayor and City Council Term Time of election 5- 3-83 Yes 307 No 60 Chattooga 4570 Create State Court of Chattooga County 5- 3-83 Yes 818 No 262 Columbia 4411 Changes districts provides for staggered terms for Board of Education 3-13-84 Yes 2,110 No 843 DeKalb 4547 Reorganizing form of gov't fixing powers duties of governing authority 3-13-84 Yes 45,505 No 12,832 DeKalb (City of Doraville) 3581 City Council and Mayor Terms of Office 4- 2-83 Yes 266 No 89 Forsyth 3521 Appointment of School Superintendent 5- 3-83 Yes 379 No 966 Fulton Coweta (City of Palmetto) 4134 Corporate Limits extended 5-21-83 Yes 319 No 35 Madison (City of Colbert) 4181 Charter Amendmentsproviding homestead exemption for certain residents 5- 4-83 Yes 58 No 3 Murray 3611 New Board of Education Referendum not held Newton 3814 Homestead exemptions for certain residents Referendum not held Seminole 3994 Board of Educationelection of mbrs. etc. 8- 2-83 Yes 1,181 No 1,198 Tift County and City of Tifton 3590 Consolidate governments of Tift Co. City of Tifton 6-26-84 Yes 2,060 No 3,860 Union 4514 Election filling of vacancies of Board of Education 5- 3-83 Yes 147 No 10 Wilkinson 3911 Board of Education compensation election 5- 3-83 Yes 582 No 198

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Georgia Laws, 1984: County Page No. SUBJECT Date of Election Result Statewide 520 Ad Valorem taxation of propertyadditional exemption 11- 6-84 Yes: 718,467 No: 464,620 Statewide 788 Ad Valorem taxation of propertyexemption of certain motor vehicles 11- 6-84 Yes: 900,688 No: 345,204 Statewide 1253 Ad Valorem taxation of propertyexemption of nonprofit homes for mentally handicapped 11- 6-84 Yes: 933,343 No: 295,707 Berrien 4823 Board of Commissioners of Berrien County act creating board amended 5-15-84 Yes: 211 No: 1,008 Butts 3588 Office of Treasurer abolished 3-13-84 Yes: 921 No: 791 Camden 3848 Homestead Exemptions for persons 62 and older 11- 6-84 Yes: 2,577 No: 481 Cherokee 3580 Superintendent of Schools appointment by Board of Education 3-13-84 Yes: 1,734 No: 4,060 Columbia 4609 Columbia County School District additional homestead exemption for certain persons over 62 11- 6-84 No Election Held Coweta Fulton City of Palmetto 4390 City of PalmettoTerm of Office of Mayor and Councilmen 8-14-84 No Election Held Coweta 3704 Coweta County Board of EducationCompositionElection and terms of office of members 11- 6-84 Yes: 7,190 No: 2,328 Crisp 4352 Crisp County CommissionersNumber, Election Districts, Etc. 11- 6-84 Yes: 1,253 No: 760 Dade 3575 Board of educationElection of members, Etc. 3-13-84 Yes: 987 No: 367 Dade 3564 Board of Commissionerscreated 3-13-84 Yes: 629 No: 777 Dodge 3531 Appointed School Superintendent 3-13-84 Yes: 585 No: 2,235 Forsyth 4144 Authorized to impose business and occupational license taxes 11- 6-84 Yes: 4,290 No: 3,484 Fulton 3591 Board of EducationElection of members, education districts, Etc. 3-13-84 Yes: 24,258 No: 9,628 Habersham 3671 Election of Commissioners, Terms of Office, Etc. 8-14-84 Yes: 2,222 No: 1,392 Harris 3608 Board of EducationEducation Districts, terms, qualifications of members, Etc. 3-13-84 Yes: 1,347 No: 707 Harris 3766 Homestead Exemptions 8-14-84 Yes: 1,750 No: 375 Jones 3926 Homestead Exemptions 8-14-84 Yes: 2,476 No: 453 Jones 4459 Board of Education of Jones County Reconstituted 8-14-84 Yes: 2,206 No: 583 McIntosh 4103 Board of Education of McIntosh County Terms of Office of Members 5-15-84 Yes: 629 No: 239 McIntosh 4106 Appointment of School Superintendent by Board of Education 5-15-84 Yes: 221 No: 577 Polk City of Cedartown 4261 Homestead Exemptions 11- 6-84 Yes: 1,170 No: 45 Putnam 4657 Additional Homestead Exemption for persons 65 or older 8-14-84 Yes: 1,249 No: 164 Richmond 5119 Board of Education of Richmond CountyComposition of Board, Election Districts, Etc. Changed 11- 6-84 Yes: 26,594 No: 9,857 Rockdale City of Conyers 4884 Homestead exemption for persons 62 and over 5-26-84 Yes: 91 No: 2 Stewart 3513 Board of Commissioners CreatedElection, terms of office, Compensation, Etc. 3-13-84 Yes: 625 No: 820 Turner 4862 Board of Education of Turner CountyEducation DistrictsElection of Members, Etc. 5-15-84 Yes: 316 No: 171 Turner 4563 Board of Commissioners of Turner County CompositionElection of Members Etc. 5-15-84 Yes: 311 No: 175 Upson 4576 Board of Education of Upson CountyEducation Districts Changed, Etc. 8-14-84 Yes: 2,496 No: 838 Upson 3729 Upson County Board of CommissionersCommissioner Districts, Etc. 4-17-84 Yes: 708 No: 344 Upson 4367 Upson CountyAppointment of School Superintendent by Board of Education 11- 6-84 Yes: 1,903 No: 2,650 Wayne 3971 Wayne County Board of EducationEducation Districts, Etc. Changed No Election Held Pursuant to Court Order Wheeler 3601 Wheeler CountyBoard of EducationElection of members, Etc. 3-13-84 Yes: 425 No: 270 Wilkes 3838 Board of Education CreatedDistrict Election of Members, Etc. 8-14-84 Yes: 689 No: 909 Wilkinson City of Gordon 3923 Homestead Exemptions 8-14-84 Yes: 458 No: 47

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Georgia Laws, 1985: County Page No. SUBJECT Date of Election Result Bacon 4823 Board of Education; Elections 6-25-85 Yes: 206 No: 51 Baldwin 3835 Homestead exemption from Baldwin County School District Ad Valorem taxes 8-12-86 Yes: 1,999 No: 493 Bleckley 4406 Board of Commissioners; Created 11- 4-86 Yes: 887 No: 1,156 Brooks City of Quitman 4635 Board of Commissioners; Composition; Elections; Referendum Has not been Held Has not been approved by Justice Dept. Candler 4975 Board of Commissioners; Membership; Elections; Chairman; Powers; Referendum 6-11-85 Yes: 279 No: 116 Carroll 3945 Board of Education; School Superintendent; Referendum 9-10-85 Question 1: Yes: 4,076 No: 929 Question 2: Yes: 2,977 No: 2,019 Clinch 4918 Board of Education; Elections; Districts; Referendum 11- 4-86 Yes: 302 No: 128 Cobb City of Smyrna 4072 Mayor and Councilmen; Terms of Office: Referendum 11- 5-85 Yes: 789 No: 511 Dawson 4179 Business and Occupational License Taxes Referendum not held DeKalb City of Decatur 4140 Homestead Exemptions for certain residents who are 62 or older; Referendum 12- 4-85 Yes: 1,123 No: 154 Fayette 3992 Fayette County School DistrictAd Valorem Tax Exemption for Elderly and Disabled Residents: Referendum 6-11-85 Yes: 2,256 No: 255 Fayette 4198 Fayette CountySchool Superintendent; appointment by Board of Education; Referendum 11- 4-86 Yes: 4,725 No: 6,759 Fulton City of Atlanta 4371 City of AtlantaRedevelopment powers City Failed to Publish as required by Law City Atty. ruled not to put on ballot Fulton City of College Park 4513 Homestead exemptions; Referendum 5-13-85 Yes: 1,721 No: 143 Gwinnett 5106 Homestead Exemption from Gwinnett County School District Ad Valorem Taxes; Referendum 11- 4-86 Yes: 39,645 No: 12,055 Heard 5078 Board of Education; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections: Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts: Elections Referendum Not precleared by U.S. Justice Dept. Morgan 4643 Board of Education: Elections; School Superintendent; Referendum 8-12-86 Yes: 1,058 No: 398 Pierce 4836 Board of Commissioners; Elections; Referendum 11- 5-85 Yes: 386 No: 169 Pierce 4841 Board of Education; Elections; Referendum 11- 5-85 Yes: 365 No: 181 Polk 4985 Board of Education; Re-created; Referendum 6-11-85 Yes: 362 No: 299 Taylor 5087 Board of Education; Elections; Referendum 5-21-85 Yes: 362 No: 180 Wilkes 4580 Homestead Exemption from County and School District Ad Valorem Taxes; Referendum Referendum not held

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Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Bartow 5361 Homestead Exemption from School District Taxation for Certain Residents who are 62 or Over; Referendum Not Held Bibb City of Macon 4736 Redevelopment Powers; Referendum 11- 4-86 Yes: 3,236 No: 2,725 Bibb City of Macon 5038 Redevelopment Powers; Referendum 11- 4-86 Yes: 8,120 No: 5,815 Bibb 5620 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,592 No: 5,119 Bulloch 5627 Staggered Motor Vehicle Registration Periods; Referendum Not Held Camden 5647 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 451 No: 258 Chatham City of Islands 4872 Incorporation; Charter; Referendum 8-12-86 Islands Area Yes: 506 No: 744 County Area Yes: 336 No: 1,426 Chatham City of Pooler 5592 Corporate Limits; Referendum 6-17-86 Pooler Yes: 115 No: 19 Area Proposed for Annexation Yes: 36 No: 24 Chattooga 5138 Board of Commissioners Created; Referendum 11- 4-86 Yes: 1,991 No: 2,220 Cherokee 3635 Board of Commissioners; Creation; Referendum 5- 6-86 Yes: 1,644 No: 2,221 Clayton 5019 Homestead Exemptions; Referendum 8-12-86 Yes: 11,478 No: 2,066 Cobb City of Acworth 3752 Mayor and Alderman; Elections; Qualifications; Terms; Referendum 5- 3-86 Yes: 47 No: 139 Cobb 4370 Homestead Exemption; County and School District Taxes; Referendum 11- 4-86 Yes: 64,538 No: 9,311 Cobb City of Marietta 5043 Homestead Exemption; Referendum 11- 4-86 Yes: 5,309 No: 1,002 Colquitt 3724 Board of Education; Composition; Elections; Districts; Referendum 5-13-86 Yes: 897 No: 180 Columbia 5636 Staggered Motor Vehicle Registration Periods; Referendum. 8-12-86 Yes: 2,740 No: 1,695 Dawson 4061 Homestead Exemptions from School District Taxes; Referendum 8-12-86 Yes: 724 No: 183 Decatur 4096 Board of Education; Composition; Elections; Districts; School Superintendent; Appointment; Referendum 8-12-86 Yes: 1,387 No: 1,012 DeKalb 4107 Governing Authority; Powers and Duties; Applicability of Laws; Referendum 8-12-86 Yes: 31,123 No: 11,156 DeKalb City of Decatur 4475 Homestead Exemption for Residents 65 or Over; Referendum 12- 3-86 Yes: 1,233 No: 127 Douglas 5618 Staggered Motor Vehicle Registration Periods; Referendum. 11- 4-86 Yes: 6,701 No: 3,144 Elbert 3578 Board of Education; Re-Creation; Referendum 5-13-86 Yes: 444 No: 208 Floyd City of Rome 4530 School District; Homestead Exemption; Referendum 8-12-86 Yes: 2,651 No: 336 Floyd 5511 Homestead Exemption; Referendum 8-12-86 Yes: 8,218 No: 895 Floyd 5057 School District; Homestead Exemption; Referendum 8-12-86 Yes: 4,971 No: 770 Forsyth 4347 Homestead Exemption from School District Taxes; Referendum 11- 4-86 Yes: 5,191 No: 1,005 Fulton 4148 Redevelopment Powers; Referendum 11- 4-86 Yes: 57,705 No: 41,691 Fulton 4434 Homestead Exemption for Residents who are Disabled or 65 or Older; Local Constitutional Amendment Continued. Not Held Fulton City of Atlanta 4834 Redevelopment Powers; Referendum 8-12-86 Yes: 12,987 No: 9,356 Gwinnett 5625 Staggered Motor Vehicle Registration Periods; Referendum. 8-12-86 Yes: 17,645 No: 4,777 Hall 3811 School District; Homestead Exemption; Referendum 8-12-86 Yes: 5,447 No: 2,112 Hall City of Gainesville 3815 Independent School District; Homestead Exemption; Referendum Not Held Hall 5616 Staggered Motor Vehicle Registration periods; Referendum. 8-12-86 Yes: 7,553 No: 2,305 Henry 5053 Homestead Exemptions from School District Taxes for Certain Residents who are 62 or Over or Totally Disabled; Referendum Not Held Henry 5607 Staggered Motor Vehicle Registration Periods; Referendum. 8-12-86 Yes: 2,211 No: 1,964 Houston 3901 Board of Commissioners; Redevelopment Powers; Referendum 11- 4-86 Yes: 6,517 No: 4,758 Houston City of Centerville 5157 Redevelopment Powers; Referendum 11- 4-86 Yes: 70 No: 88 Houston City of Perry 4196 Redevelopment Powers; Referendum Not Held Houston City of Warner Robins 3923 Redevelopment Powers; Referendum 10- 7-86 Yes: 2,675 No: 1,754 Lanier 3609 Lakeland-Lanier County Charter Commission Act-Preparation of a County-Wide government Charter; Referendum 9- 2-86 Yes: 448 No: 928 Laurens 3821 Board of Education; Elections; Referendum 11- 4-86 Yes: 929 No: 715 Lincoln 3661 Board of Education; Elections; Districts; Vacancies; Referendum 8-12-86 Yes: 651 No: 335 Marion 5558 Board of Commissioners; Elections; Districts; Terms; Referendum 9-16-86 Yes: 429 No: 673 Marion 5023 Board of Education; Elections; Referendum: Yes: 416 No: 666 Mitchell City of Pelham 3648 Board of Education; Elections; Terms; Districts; Composition; Referendum Not Held Mitchell 3892 School Superintendent; Appointment; Referendum Not precleared by U.S. Justice Dept. Muscogee 3927 Advisory Referendum on School Board Elections 11- 4-86 Yes: 18,451 No: 8,420 Oglethorpe 3568 Board of Education; Elections; Referendum 5-13-86 Yes: 307 No: 90 Paulding 4335 School Superintendent; Appointment; Referendum 11- 4-86 Yes: 1,199 No: 4,301 Polk 5633 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 1,355 No: 1,013 Rabun City of Clayton 4778 Homestead Exemptions; Referendum 12-20-86 Yes: 453 No: 16 Screven 5642 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 326 No: 404 Spalding 4855 Homestead Exemptions for Residents 62 or Older or Totally Disabled; Referendum 8-12-86 Yes: 1,946 No: 428 Spalding 5623 Staggered Motor Vehicle Registration Periods; Referendum 11- 4-86 Yes: 3,757 No: 3,693 Sumter City of Americus 3501 Sumter County Public School System-Creation; Merger of School Systems of Sumter County and the City of Americus; Referendum Not Held Tattnall City of Collins 4472 Mayor; Terms of office; Referendum 8-12-86 Yes: 31 No: 39 Telfair 4527 County Officers; Ineligibility to Hold Office; Local Constitutional Amendment Continued 11- 4-86 Yes: 1,800 No: 577 Toombs City of Vidalia 4862 School District; Powers of Board of Education; Referendum 9- 2-86 Yes: 824 No: 599 Troup 3515 Board of Education; Election; School Superintendent; Appointment; Act Continuing Local Constitutional Amendment Repeated; Referendum 5- 6-86 Yes: 193 No: 44 Twiggs 5542 School Superintendents; Appointment; Referendum 11- 4-86 Yes: 412 No: 1,127 Upson 4497 School District; Homestead Exemption; Referendum Not Held Washington 4485 Homestead Exemption for Persons 65 or Over; Referendum 8-12-86 Yes: 1,434 No: 373 Washington 4489 Homestead Exemption from County School Taxes for Persons 65 or Over; Referendum 8-12-86 Yes: 1,896 No: 402 Whitfield 5597 Board of Commissioners; Composition; Elections; Districts; Terms; Compensation; Referendum 11- 4-86 Yes: 4,315 No: 3,573 Wilkes 4091 Board of Education; Elections; Districts; Composition; Referendum 11- 4-86 Yes: 1,219 No: 377 Worth 3716 Board of Education; Membership; Elections; Districts; Referendum 11- 4-86 Yes: 1,499 No: 523 Statewide 878 Ad valorem tax exemption of tangible personal property 11- 4-86 Yes: 592,671 No: 249,708

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RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS VOTED ON IN THE NOVEMBER 4, 1986, GENERAL ELECTION. YES NO AMENDMENT NO. 1 H.R. No. 363 Res. Act No. 86 (Ga. L. 1986, P. 1612) To provide that general obligation debt may be incurred by the state to make loans to local governmental entities for water and sewerage facilities and systems, to provide for the investment and application of the proceeds and the earnings, and to provide for intergovernmental contracts not exceeding 50 years for loan agreements for such purposes. 552,371 316,109 AMENDMENT NO. 2 H.R. No. 125 Res. Act No. 100 (Ga. L. 1986, P. 1623) To authorize the General Assembly to provide for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state. 465,188 418,890 AMENDMENT NO. 3 H.R. No. 505 Res. Act No. 87 (Ga. L. 1986, P. 1614) To provide that the procedures for suspending certain public officials shall be initiated upon indictment for certain felonies by the United States, to provide that a public official who is suspended shall not receive compensation after the initial conviction, to provide that if the public official is reinstated he shall be entitled to receive any compensation withheld, to provide that after initial conviction of certain public officials for any felony, regardless of whether the official has been previously suspended, such public official shall be immediately and without further action suspended from office, and to provide for a replacement official and the filling of a vacancy. 734,638 142,933 AMENDMENT NO. 4 H.R. No. 506 Res. Act No. 88 (Ga. L. 1986, P. 1619) To provide that a judge who is suspended from office shall not receive any compensation after the initial conviction, to provide that if the judge is reinstated, he shall be entitled to receive any compensation withheld, to provide that after the initial conviction of a judge for any felony, regardless of whether the judge has been previously suspended, such judge shall be immediately and without further action suspended from office, and to provide for a replacement judge and the filling of a vacancy. 754,351 131,347 AMENDMENT NO. 5 S.R. No. 330 Res. Act No. 104 (Ga. L. 1986, P. 1631) To authorize the General Assembly to provide for the creation of a State Children's Trust Fund for child abuse and neglect prevention program. 633,313 249,567 AMENDMENT NO. 6 H.R. No. 662 Res. Act No. 103 (Ga. L. 1986, P. 1628) To provide that no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. 538,152 268,179 AMENDMENT NO. 7 H.R. No. 718 Res. Act No. 101 (Ga. L. 1986, P. 1625) To authorize the General Assembly to provide for the creation of development districts for the promotion of commercial and industrial development through ad valorem tax incentives. 365,380 457,436 AMENDMENT NO. 8 H.R. No. 69 Res. Act No. 99 (Ga. L. 1986, P. 1622) To authorize the General Assembly to provide for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987. 589,354 254,451 AMENDMENT NO. 9 H.R. No. 644 Res. Act No. 102 (Ga. L. 1986, P. 1627) To provide that the General Assembly may provide for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. 603,943 249,102

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OFFICE OF THE GOVERNOR Atlanta 30334 May 11, 1987 Joe Frank Harris Governor Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 33, 170 and 177 which were passed by the General Assembly of Georgia at the 1987 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsh Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

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OFFICE OF THE GOVERNOR Atlanta 30334 May 11, 1987 Joe Frank Harris Governor Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 165, 197, 243, 347, 810 and 935 which were passed by the General Assembly of Georgia at the 1987 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsh Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

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Veto No. 1Senate Bill 177 This legislation prohibits any refiner, producer or manufacturer of automotive gasoline from opening or operating a gas station for retail gasoline sales in Georgia after January 1, 1989. The bill also prohibits a wholesale gasoline distributor from allocating or limiting the amount of gasoline sold to a retail business, except for the reason of creditworthiness. This legislation is similar to a bill passed in the 1984 Session of the General Assembly which I vetoed. In my message at that time, I explained that while I was sympathetic to the needs and concerns of the small businessmen in this State, I did not feel that governmental involvement of this nature was the answer. I still believe this. As a former small businessman, I am extremely aware of the problems in dealing with large corporations. However, these problems must be worked out in the marketplace and not by governmental intervention to restrict parties from doing business in this State. Our State has a pro-business image, and for the continued economic vitality of the State, we must take care to protect that image. Therefore, for the aforestated reasons, I vetoed this bill. Veto No. 2Senate Bill 170 This bill would have changed the requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor and coroner. The effective date of the bill was amended to provide that the legislation would have become effective July 1, 1986. The backdating of the effective date could have made this procedure effective to vacancies which occurred in these offices after July 1, 1986, but that had been filled under the old procedure. Because of the error involving the effective date, this bill was vetoed at the request of the author. Veto No. 3House Bill 165 This bill related to the filling of vacancies in party nominations caused by the death or resignation of candidates. The contents of this bill were combined with House Bill 185 relating

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to the same subject matter. Therefore, since this language was contained in another bill, I vetoed House Bill 165. Veto No. 4House Bill 935 This bill was a local piece of legislation amending an Act implementing the Brunswick/Glynn County Development Authority. After passage, a technical error was found in this legislation and another local bill was passed and signed into law. Therefore, House Bill 935 was vetoed at the request of the author. Veto No. 5House Bill 197 In its original form, this legislation amended the law regarding the sale and distribution of harmful materials to minors so as to define the term aggravated violence. The legislation was later amended to delete from existing law legislation passed a few years ago which made it unlawful to display certain materials in the view of minors. The display provisions of the existing law are now part of a court challenge which is before the United States Court of Appeals, Eleventh Circuit. The Attorney General's office has advised me that there is a good chance of upholding the constitutionality of the existing law. In order for the courts to properly review the existing law, I vetoed this legislation. Veto No. 6House Bill 347 This bill would have provided for free motor vehicle license plates for certain individuals, in particular, members of the State Defense Force. While I am thankful for the voluntary assistance the members of the State Defense Force have given our State, I do not believe that we can afford the approximate $1 million loss in revenue to the State that this bill would create. Additionally, we could be starting a precedent of giving specific groups free license plates. Therefore, I vetoed this legislation. Veto No. 7House Bill 243 This bill amended the Metropolitan Atlanta Rapid Transit Authority Act so as to provide for the use of the Authority's available revenue to design and construct certain rapid transit

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projects beyond Phase A, B and C of the Rapid Transit System. At the request of the author, and in order for the bill to be given further study, this legislation was vetoed. Veto No. 8Senate Bill 33 This bill in its original form provided criminal misdemeanor penalties for transporting garbage, trash, waste or refuse across state or county boundaries for the purpose of depositing the material in a publicly or privately owned dump without the permission of the governing authority of the county where the dump is located and the governing authority where the material is collected. This legislation was amended to provide that it is illegal not only to take the material to a publicly or privately owned dump, but also to a landfill or sanitary landfill. Landfills and sanitary landfills are approved by the Department of Natural Resources and the counties where they are located. While it is justifiable that some control be placed on the indiscriminate dumping of trash in another county, I do not believe it would be practical or feasible to put limits on the transportation of garbage to an approved publicly or privately owned landfill or sanitary landfill. For these reasons, I vetoed this legislation. Veto No. 9House Bill 810 House Bill 810 provides that the Stone Mountain Memorial Association may obtain a license to sell alcoholic beverages for consumption on property operated or controlled by the Association. Under present law, the Association may sell alcoholic beverages only at motels, inns and convention centers within the park. This bill would authorize the sale of alcoholic beverages by the Association at special events and in additional areas within the park, such as on the golf course. I believe that the Association was seeking a logical expansion of its convention services and catering options and was not intending to seek approval to sell alcoholic beverages at every event or in every area within the Park. However, the wording of this legislation could lead to an overly broad and troublesome interpretation. The potential for abuse has created a great deal

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of public concern, especially among families desiring to use the Park. Stricter language to clarify the intent of the Association to expand its services in the convention and special events areas would be desirable in order to alleviate the public concern which has been brought to my attention. I am therefore vetoing the bill because of its broad nature.