i !! rj/o fa \ % / 101 fl i IHBB''>'.I.I*-..) if \ < f % % & MS ^B HH fclTY OF GEORGIA [N 2 1971 LIBRARIES rf % V ^ ^ .**M'*M!>!t1MH GEORGIA SCHOOL LAWS OFFICE OF THE STATE SUPERINTENDENT OF SCHOOLS GEORGIA DEPARTMENT OF EDUCATION ATLANTA, GEORGIA 30334 1971 LIBRARIES OF GEORGE w? A I Copyright 1971 By THE HARRISON COMPANY ^ i J PREFACE The Georgia Department of Education offers this compilation of Georgia education laws as a service to school administrators who are frequently concerned with questions of legality in their daily conduct of the business of public education. The content of this book was compiled by The Harrison Company, Law Book Publishers, of Atlanta. The material is updated and revised periodically to keep the information current with changing laws. The State of Georgia, State Department of Education is grateful to The Harrison Company for its assistance in the publication of this book. We hope the material included here will be of help to you in the operation of the public schools of this state. Jack P. Nix State Superintendent of Schools Atlanta, Georgia 1971 3 l PUBLISHER'S NOTE This compilation of Georgia education laws was taken directly from the Code of Georgia, Unannotated Edition. The material and pagination are exactly as they appear in that publication. Any material formerly appearing on these pages that is unrelated to education has been omitted. THE HARRISON COMPANY ^ .i \\ \ %*> Table of Contents Page TITLE 2. CONSTITUTION OF THE STATE OF GEORGIA OF 1945 PREAMBLE. Chap. ARTICLE I. BILL OF RIGHTS. SECTION I. 2-1. RIGHTS OF THE CITIZEN. SECTION II. 2-2. CERTAIN OFFENSES DEFINED. SECTION III. 2-3. PROTECTION TO PERSON AND PROPERTY. SECTION IV. 2-4. SPECIAL LEGISLATION FORBIDDEN. SECTION V. 2-5. GOVERNMENTAL RIGHTS OF THE PEOPLE. SECTION VI. 2-6. TIDEWATER LANDS. Chap 2-7. 2-8. 2-9. 2-10. 2-11. 2-12. 2-12A. ARTICLE II. ELECTIVE FRANCHISE. SECTION I. QUALIFICATION OF VOTERS. SECTION II. REGISTRATION. SECTION III. VOTERS' PRIVILEGE. SECTION IV. DISQUALIFICATION TO HOLD OFFICE. SECTION V. SALE OF LIQUORS, WHEN FORBIDDEN. SECTION VI. RETURNS OF ELECTIONS. SECTION VII. CANDIDATES FOR ELECTION. ARTICLE III. LEGISLATIVE DEPARTMENT. Chap. 2-13. 2-14. 2-15. 2-16. 2-17. 2-18. 2-19. 2-20. 2-21. 2-22. 2-23. SECTION I. LEGISLATIVE POWER, WHERE VESTED. SECTION II. SENATORIAL DISTRICTS. SECTION III. COUNTY REPRESENTATION. SECTION IV. THE GENERAL ASSEMBLY. SECTION V. THE SENATE. SECTION VI. THE HOUSE OF REPRESENTATIVES. SECTION VII. ENACTMENT OF LAWS. SECTION VIII. OFFICERS OF THE GENERAL ASSEMBLY. SECTION IX. PAY OF MEMBERS. SECTION X. ELECTIONS BY GENERAL ASSEMBLY. SECTION XL SALARIES OF ELECTIVE OFFICIALS. ARTICLE IV. PUBLIC UTILITIES, EMINENT DOMAIN, POLICE, POWER, INSURANCE COMPANIES, CONTRACTS, ETC. Chap. 2-24. 2-25. 2-26. 2-27. 2-28. 2-29. SECTION I. PUBLIC UTILITY TARIFFS AND CHARGES. SECTION II. RIGHT OF EMINENT DOMAIN; POLICE POWER. SECTION III. CHARTERS OF CORPORATIONS. SECTION IV. CONTRACTS; PUBLIC SERVICE COMMISSION. SECTION V. MARRIED WOMAN'S PROPERTY. SECTION VI. INSURANCE COMPANIES. Table of Contents i % A Chap. 2-30. 2-31. 2-32. 2-33. 2-34. 2-35. ARTICLE V. EXECUTIVE DEPARTMENT. SECTION I. GOVERNOR. SECTION II. OTHER EXECUTIVE OFFICERS. SECTION III. SEAL OF STATE. SECTION IV. STATE GAME AND FISH COMMISSION. SECTION V. STATE BOARD OF CORRECTIONS. SECTIONS VI-XI. STATE DEPARTMENT OF VETERANS SERVICE. Chap. 2-36. 2-37. 2-38. 2-39. 2-40. 2-41. 2-42. 2-43. 2-44. 2-45. 2-46. 2-47. 2-48. 2-49. 2-50. 2-51. 2-52. 2-53. ARTICLE VI. JUDICIARY. SECTION I. COURTS. SECTION II. SUPREME COURT AND COURT OF APPEALS. SECTION III. SUPERIOR COURTS. SECTION IV. JURISDICTION OF SUPERIOR COURTS. SECTION V. JUDGES OF SUPERIOR AND CITY COURTS. SECTION VI. COURT OF ORDINARY. SECTION VII. JUSTICES OF THE PEACE. SECTION VIII. NOTARIES PUBLIC. SECTION IX. UNIFORMITY OF COURTS. SECTION X. ATTORNEY GENERAL. SECTION XI. DISTRICT ATTORNEYS. SECTION XII. SALARIES OF JUSTICES, JUDGES, AND DISTRICT ATTORNEYS. SECTION XIII. QUALIFICATIONS OF JUSTICES, JUDGES, ETC. SECTION XIV. VENUE. SECTION XV. CHANGE OF VENUE. SECTION XVI. JURY TRIALS. SECTION XVII. COUNTY COMMISSIONERS. SECTION XVIII. WHAT COURTS MAY BE ABOLISHED; APPELLATE COURT COSTS. Chap. 2-54. ARTICLE VII. FINANCE, TAXATION, AND PUBLIC DEBT. SECTION I. POWER OF TAXATION; EXEMPTIONS. Chap. 2-55. 2-56. 2-57. 2-58. 2-59. 2-60. 2-61. 2-62. 2-63. SECTION II. PURPOSES AND METHOD OF TAXATION. SECTION III. STATE DEBT. SECTION IV. POWER OF COUNTY GOVERNMENTS. SECTION V. PURPOSES OF TAXATION BY COUNTIES, MUNICIPAL CORPORATIONS, AND POLITICAL DIVISIONS. SECTION VI. CONTRACTS FOR USE OF PUBLIC FACILITIES. SECTION VII. LIMITATION ON COUNTY AND MUNICIPAL DEBTS. SECTION VIII. SINKING FUND. SECTION IX. APPROPRIATION CONTROL. SECTION X. EXISTING AMENDMENTS TO CONSTITUTION. Chap. 2-64. 2-65. 2-66. 2-67. 2-68. 2-69. 2-70. 2-71. 2-72. 2-73. 2-74. 2-75. ARTICLE VIII. EDUCATION. SECTION I. COMMON SCHOOLS. SECTION II. STATE BOARD OF EDUCATION. SECTION III. STATE SCHOOL SUPERINTENDENT. SECTION IV. UNIVERSITY OF GEORGIA. SECTION V. COUNTY SYSTEM OF PUBLIC SCHOOLS. SECTION VI. COUNTY SCHOOL SUPERINTENDENT. SECTION VII. INDEPENDENT SCHOOL SYSTEMS. SECTION VIII. MEETINGS OF BOARDS OF EDUCATION. SECTION DC. CONTRACTS FOR CARE OF PUPILS. SECTION X. PROTECTION OF CERTAIN SCHOOL SYSTEMS. SECTION XI. GRANTS, BEQUESTS, AND DONATIONS. SECTIONS XII AND XIII. EDUCATIONAL TAX. ARTICLE IX. HOMESTEADS AND EXEMPTIONS. Chap. 2-76. SECTION I. HOMESTEAD. Chap. 2-77. ARTICLE X. MILITIA. SECTION I. MILITIA AND VOLUNTEERS. Table of Contents Chap. 2-78. 2-79. ARTICLE XI. COUNTIES AND MUNICIPAL CORPORATIONS. SECTION I. COUNTIES. SECTION II. COUNTY OFFICERS. ARTICLE XII. LAWS OF GENERAL OPERATION OF FORCE IN STATE. Chap. 2-80. SECTION I. LAWS OF FORCE. Chap. 2-81. ARTICLE XIII. AMENDMENTS TO THE CONSTITUTION. SECTION I. CONSTITUTION AMENDED, HOW. Chap. 2-82. ARTICLE XIV. MERIT SYSTEM. SECTION I. STATE PERSONNEL BOARD; RETIREMENT SYSTEM. Chap. 2-83. 2-84. ARTICLE XV. HOME RULE. SECTION I. UNIFORM SYSTEMS OF COUNTY AND MUNICIPAL GOVERNMENT. SECTIONS II AND II-A. RATIFICATION OF AMENDMENT TO CONSTITUTION. Chap. 2-85. ARTICLE XVI. SLUM CLEARANCE. IN GENERAL. ARTICLE XVII. PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE. Chap. 2-86. SECTION I. PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE IN THE METROPOLITAN AREA OF ATLANTA. Table of Contents Page TITLE 32. EDUCATION 535 PART I. BOARD OF REGENTS AND THE UNIVERSITY SYSTEM. IN GENERAL. GEORGIA EDUCATION AUTHORITY (UNIVERSITY). FARMERS INSTITUTES. ENGINEERING EXPERIMENT STATION. GEORGIA AGRIRAMA. PART II. THE PUBLIC SCHOOL SYSTEM. STATE BOARD OF EDUCATION. STATE SUPERINTENDENT OF SCHOOLS. MINIMUM FOUNDATION PROGRAM. TEXTBOOKS IN PUBLIC SCHOOLS. MISCELLANEOUS PROVISIONS. Table of Contents Chap. 32-9. COUNTY BOARDS OF EDUCATION. 32-10. COUNTY SUPERINTENDENTS OF SCHOOLS. 32-11. LOCAL TAX FOR PUBLIC SCHOOLS. 32-12. MERGER OF INDEPENDENT SCHOOL SYSTEMS. 32-13. PAYMENT OF TEACHERS. 32-14. BUILDING SCHOOLHOUSES IN LOCAL TAX DISTRICTS. 32-14A. GEORGIA EDUCATION AUTHORITY (SCHOOLS). 32-15. SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS. 32-16. ENUMERATION OF SCHOOL CHILDREN. 32-17. INSTRUCTION IN ANIMAL, BIRD, AND FISH LIFE. 32-18. HEALTH. 32-19. PHYSICAL EDUCATION AND TRAINING. 32-20. FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST. 32-21. COMPULSORY SCHOOL ATTENDANCE. 32-21 A. SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN. PART III. VOCATIONAL EDUCATION. Chap. 32-22. 32-22A 32-23. 32-23A. IN GENERAL. VOCATIONAL TRADE SCHOOL BUILDING AUTHORITY. VOCATIONAL REHABILITATION OF DISABLED PERSONS. DIVISION OF VOCATIONAL EDUCATION SERVICE. Chap. 32-24. 32-25. PART IV. ILLITERACY. DUTIES, ETC., OF STATE BOARD OF EDUCATION. SCHOOLS FOR ILLITERATE ADULTS. Chap. 32-26. 32-27. PART V. PUBLIC LIBRARIES. FUNCTIONS OF STATE BOARD OF EDUCATION AS TO LIBRARIES. PUBLIC LIBRARIES. PART VI EDUCATION OF BLIND AND DEAF PERSONS. Chap. 32-28. 32-28A. MANAGEMENT AND CONTROL OF INSTITUTIONS BY STATE BOARD OF EDUCATION. SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND. PART VII. TEACHERS RETIREMENT SYSTEM. Chap. 32-29. ESTABLISHMENT AND MANAGEMENT OF SYSTEM. Chap. 32-30. PART VIII. MEDICAL EDUCATION. IN GENERAL. PART IX. MISCELLANEOUS PROVISIONS. Chap. 32-31. 32-32. 32-33. 32-34. 32-35. 32-36. 32-37. 32-38. STATE SCHOLARSHIP COMMISSION. GEORGIA POLICE ACADEMY. HIGHER EDUCATION ASSISTANCE CORPORATION. GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE. EDUCATION OF EXCEPTIONAL CHILDREN. INDUSTRY SERVICES ADVISORY COMMITTEE. GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY. < PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM. Chap. 32-99. PART XXX. CRIMES. IN GENERAL. MISCELLANEOUS LAWS SCHOOL HOUSES AS POLLING PLACES LIQUOR LAWS JURY EXEMPTIONS, QUALIFICATION AND SELECTION SCHOOL BUS SALES AND OPERATION RECREATION SYSTEM PRISONER REHABILITATION FLAG LAWS SCHOOL BUS OPERATING FEES LECTURES AND DEMONSTRATIONS BY DEPARTMENT OF PUBLIC SAFETY SCHOOL BUS OPERATOR UNLICENSED EMPLOYEES SOCIAL SECURITY REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING APPEALS Page 645 1179, 1182, Hi 1194 1195 , 1197 1286, 1287 1318 , 1335 1344 1412 1671 1827, 1828 1927 1929 2096 to 2100 APPENDIX A % & CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-125 TITLE 2. CONSTITUTION OF THE STATE OF GEORGIA OF 1945. PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of'liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution: Article I. Bill of Rights. Section I. Chapter 2-1. Rights of the Citizen. 2-101. (6357) Paragraph I. Origin and foundation of government.-- All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them. 2-102. (6358) Paragraph II. Protection the duty of governmnt.-- Protection to person and property is the paramount duty of government, and shall be impartial and complete. 2-103. (6359) Paragraph III. Life, liberty, and property.--No person shall be deprived of life, liberty, or property, except by due process of law. 2-104. (6360) Paragraph IV. Right to the courts.--No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. 2-105. (6361; 8 P.C.) Paragraph V. Benefit of counsel; accusation; list of witnesses; compulsory process; trial by jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. 2-106. (6362) Paragraph VI. Crimination of self not compelled.-- No person shall be compelled to give testimony tending in any manner to criminate himself. 2-107. (6363) Paragraph VII. Banishment and whipping as punishment for crime.--Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. 2-108. (6364) Paragraph VIII. Jeopardy of life or liberty more than once forbidden.--No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial. 2-109. (6365) Paragraph IX. Bail; fine; punishment; arrest; abuse of prisoners.--Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. 2-110. (6366) Paragraph X. Costs.--No person shall be compelled to pay costs except after conviction on final tria' 2-111. (6367) Paragraph XI. Habeas corpus.--The writ of Habeas Corpus shall not be suspended. 2-112. (6368) Paragraph XII. Freedom of conscience.--All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or inte-fere with such right of conscienre. 2-113. (6369) Paragraph XIII. Religious opinions; liberty of conscience.--No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. 2-114. (6370) Paragraph XIV. Appropriations to churches, sects, etc., forbidden.--No money shall ever be taken from the public Treasury, directly, or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. 2-115. (6371) Paragraph XV. Liberty of speech or of the press guaranteed.--No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty. 2-116. (6372) Paragraph XVI. Searches, seizures, and warrants.-- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. 2-117. (6373) Paragraph XVII. Slavery and involuntary servitude.-- There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. 2-118. (6374) Paragraph XVIII. Status of the citizen.--The social status of the citizen shall never be the subject of legislation. 2-119. (6375) Paragraph XIX. Civil authority superior to military.--> The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. 2-120. (6376) Paragraph XX. Contempts.--The power of the Courts to punish for contempt shall be limited by legislative acts. 2-121. (6377) Paragraph XXI. Imprisonment for debt.--There shall be no imprisonment for debt. 2-122. (6378) Paragraph XXII. Arms, right to keep and bear.--The right of the people to keep and bear arms, shall not be" infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. 2-123. (6379) Paragraph XXIII. Legislative, judicial, and executive powers, separate.--The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided. 2-124. (6380) Paragraph XXIV. Right to assemble and petition.-- The people have the right to assemble peaceably for their common good and to apply to those vested with the powers, of government for redress of grievances by petition or remonstrance. 2-125. (6381) Paragraph XXV. Citizens, protection of.--All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact *' A 2-201 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 10 such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship. Section II. Chapter 2-2. Certain Offenses Defined. 2-201. (6382) Paragraph I. Libel; jury, in criminal cases; new trials; restrictions as to property near certain Federal highways.--In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved. (A) In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the "Control of Outdoor Advertising" on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such public law, and also provided penalties for noncompliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "Control of Junk Yards," on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 per cent, for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "Landscaping and Scenic Enhancement," and which amendment and revision of said Section provided for a bonus of three per cent, of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective display of outdoor advertising, in accordance with the provisions of said described Act of the Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the State Highway Department of Georgia, is hereby authorized to acquire, either by negotiation or through the exercise of the power of eminent domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards or other outdoor advertising which may exist upon such property at the time of the ratification of this amendment, and within a distance of 660 feet of the nearest edge of the right-of-way line of any State-aid highway, which is a part of the Interstate or Primary System of Federal-Aid Highways,--provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device shall not be required to remove the same until July 1, 1970; and, as to such described sign, the provision of this amendment shall not become effective until said date of July 1. 1970, except that the State may acquire the right to remove the same by voluntary negotiation with the owner thereof. The State, acting Dy and through the State Highway Department of Georgia, shall be further authorized to acquire, either by negotiation or through the exercise of the power of eminent domain, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-aid road, which is a part of the Federal Interstate or Primary System of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Highway Board of Georgia is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;--provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Director of the State Highway Department finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with subparagraph (h) of Title II of said Public Law, the owner of such described junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this amendment, under such described circumstances, shall not be applicable except that the State Highway Department shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further exception that where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenance of such junk yard until July 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Director of the State Highway Department, showing the facts of such refusal. The necessity for such acquisition, as set forth in the preceding paragraphs of this section, as a part of that portion of the State-aid system of public roads, which are also a part of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such road system by the United States Government. The General Assembly shall have full authority to zone property within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-aid road, which is also a part of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards ; and to provide for rules and regulations governing both advertising and junk yards; all in conformance to and in compliance with the provisions of said Public Law of the United States Congress. The General Assembly shall have full authority to enact such legislation as will enable this State, acting by and through the State Highway Department of Georgia, to fully comply with Title III of said described Public Law, and in respect to "Landscaping and Scenic Enhancement"; and in such manner as to enable this State to take advantage of the bonus payment to the State from the Federal Government, as provided for in said Title. 2-202. (6383) Paragraph II. Treason.--Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. 2-203. (6384) Paragraph III. Conviction, effect of.--No conviction shall work corruption of blood, or forfeiture of estate. 2-204. (6385) Paragraph IV. Lotteries.--All lotteries, and the sale of lottery tickets, are hereby prohibited ; and this prohibition shall be enforced by penal laws. 2-205. (6386) Paragraph V. Lobbying; penalties.--Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. 2-206. (6387) Paragraph VI. Fraud; concealment of property.--The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor. Section III. Chapter 2-3. Protection to Person and Property. 2-301. (6388) Paragraph I. Private ways; just compensation.--In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or dam- 11 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-706 aged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders and the State and its subdivisions may be protected. 2-302. (6389) Paragraph II. Attainder; ex post facto and retroactive laws, etc.--No Bill of Attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. 2-303. Paragraph III. Revocation of tax exemptions.--All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. Section IV. Chapter 2-4. Special Legislation Forbidden. 2-401. (6391) Paragraph- I. General laws; uniform operation; how varied.--Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent: 2-402. (6392) Paragraph II. What acts void.--Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them. Section V. Chapter 2-5. Governmental Rights of the People. 2-501. (6393) Paragraph I. State rights.--The people of this State have the inherent, sole and exclusive right of regulating their internal government and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. 2-502. (6394) Paragraph II. Enumeration of rights not denial of others.--The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. Section I. Chapter 2-7. Qualification of Voters. 2-701. (6.195) Paragraph I. Elections by ballot; registration of voters. --Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. 2-702. (6306) Paragraph 11. Who shall be an elector entitled to register and vote.--Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall l>e an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. 2-703. (6397) Paragraph III. Who entitled to register and vote.--To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six months immediately preceding such election, except that the General Assembly may provide, by general law, shorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them elsewhere, and may provide, by general law, shorter periods of county residence for persons to register and vote for Governor and Lieutenant Governor when such persons are not eligible to vote for them elsewhere. 2-704. (6398) Paragraph IV. Qualifications of electors.--Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section II of Article II of this Constitution, and who possesses the qualifications prescribed in Paragraphs II and III of this Section or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in' the two following subdivisions of this paragraph. 1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government ; or, 2. All persons who can correctly read in the English language any paragraph .of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the registrars. Section VI. Chapter 2-6. Tidewater Lands. 2-601. Paragraph I. Tidewater titles confirmed.--The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed. Article II. Elective Franchise. 2-705. (6400) Paragraph V. Appeal from decision of registrars.--Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of. and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. 2-706. (6401) Paragraph VI. Judgment of force pending appeal.-- Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. fy & II 2-801 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 12 Section II. Chapter 2-8. Registration. 2-801. (6404) Paragraph I. Registration of electors; who disfranchised. --The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons'shall have been pardoned. 2nd. Idiots and insane persons. Section III. Chapter 2-9. Voters' Privilege. 2-901. (6405) Paragraph I. Privilege of electors from arrest.--Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Section IV. Chapter 2-10. Disqualification to Hold Office. 2-1001. (6406) Paragraph I. Holder of public funds.--No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury. Section V. Chapter 2-11. Sale of Liquors, When Forbidden. 2-1101. (6408) Paragraph I. Sale of liquors on election days.--The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same. Section VI. Chapter 2-12. Returns of Elections. 2-1201. (6409) Paragraph I. Returns made to whom.--Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law. Section VII. Chapter 2-12A. Candidates for Election. 2-1201a. Paragraph I. Write-in votes.--No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The Gen- eral Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. Article III. Legislative Department. Section I. Chapter 2-13. Legislative Power, Where Vested. 2-1301. (6410) Paragraph I. Power vested in general assembly.--The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Section II. Chapter 2-14. Senatorial Districts. 2-1401. (6411) Paragraph I. Number of Senators and senatorial districts; change of districts.--The Senate shall consist of not less than 54 and not more than 56 members. Each Senator shall be elected from and represent one senatorial district. The General Assembly may create, rearrange and change senatorial districts as it deems proper, except that each senatorial district shall be composed of one or more counties, or may be composed of a portion of one county, but not otherwise. The apportionment of the Senate shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official. Section III. Chapter 2-15. County Representation. 2-1501. (6413) Paragraph I. Number of representatives.--The House of Representatives shall consist of representatives apportioned among the several counties of the State as follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remaining counties, one representative each. 2-1502. (6414) Paragraph II. Apportionment changed, how.--The above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section III of this Article. Section IV. Chapter 2-16. The General Assembly. 2-1601. (6415) Paragraph I. Term of members.--The members of the General Assembly shall be elected for two years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office. 2-1602. (6416) Paragraph II. Election, when.--The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1946, and subsequent elections biennially, on that day, until the day of election is changed by .law. 2-1603. (6417) Paragraph III. Meeting; time limit; adjournment.-- The General Assembly shall meet in regular session on the second Monday in January, 1963, and every odd-numbered year thereafter, for no longer than twelve (12) days to organize, to receive the proposed General Appropriations Bill, and to attend to other matters, and reconvene on the second Monday in February of each odd-numbered year for 13 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-1907 no longer than thirty-three (33) days. The General Assembly shall meet in regular session on the second Monday in January, 1964, and in every even-numbered year thereafter. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five (45) days in the aggregate in odd-numbered years, and no longer than forty (40) days, in the aggregate, in even-numbered years during the terms for which members were elected. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section I, Paragraph XII (section 2-3012) of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. 2-1604. (6418) Paragraph IV. Quorum.--A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may provide. 2-1605. (6419) Paragraph V. Oath of members.--Each senator and Representative, before taking his seat, shall take the following oath, or affirmation, to-wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State." 2-1606. (6420) Paragraph VI. Eligibility; appointments forbidden -- No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public-money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term. 2-1607. (6421) Paragraph VII. Removal from district or county, effect of.--The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected. Section V. Chapter 2-17. The Senate. 2-1701. (6422) Paragraph I. Qualifications of senators.--The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected. 2-1702. (6423) Paragraph II. President.--The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the svent of his succession to the executive power. 2-1703. (6424) Paragraph III. Impeachments.--The Senate shall have the sole power to try impeachments. 2-1704. (6425) Paragraph IV. Trial of impeachments.--When sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the Presiding Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the members present. 2-1705. (6426) Paragraph V. Judgments in impeachment.--Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law. ' Section VI. Chapter 2-18. The House of Representatives. 2-1801. (6427) Paragraph I. Qualifications of representatives.--The Representatives shall be citizens of the United States who have attained the age of twenty-one years, and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected. 2-1802. (6428) Paragraph II. Speaker.--The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body. 2-1803. (6429) Paragraph III. Power to impeach.--The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office. Section VII. Chapter 2-19. Enactment of Laws. 2-1901. (6430) Paragraph I. Election, returns, etc.; disorderly conduct.--Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs. 2-1902. (6431) Paragraph II. Contempts, how punished.--Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House. 2-1903. (6432) Paragraph III. Privilege of members.--The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House. 2-1904. (6433) Paragraph IV. Journals and acts.--Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session. 2-1905. (6434) Paragraph V. Where journals kept.--The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof. 2-1906. (6435) Paragraph VI. Yeas and nays, when taken.--The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal. 2-1907. (6436) Paragraph VII. Bills to be read.--Every bill, before it shall pass, shall be read three times, and on three separate days, in h: g SI I 2-1908 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 14 each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. 2-1908. (6437) Paragraph VIII. One subject matter expressed.--No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. 2-1909. (6438) Paragraph IX. General appropriation bill.--The General appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. 2-1910. (6439) Paragraph X. Bills for revenue.--All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills. 2-1911. (6440) Paragraph XI. Public money, how drawn.--No money shall be drawn from the Treasury except by appropriation made at law. 2-1912. (6441) Paragraph XII. Bills appropriating money.--No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded. 2-1913. (6442) Paragraph XIII. Acts signed; rejected bills.--All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected. 2-1914. (6443) Paragraph XIV. Majority of members to pass bill.-- No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal. 2-1915. (6444) Paragraph XV. Notice of intention to ask local legislation necessary.--No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide. 2-1916. (6445) Paragraph XVI. Statutes and sections of Code, how amended or repealed.--No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made. 2-1917. (6446) Paragraph XVII. Corporate powers, how granted.-- The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any evelit the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted. 2-1918. (6447) Paragraph XVIII. Recognizances.--The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. 2-1919. (6449) Paragraph XIX. Yeas and nays to be entered, when.-- Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal. 2-1920. (6450) Paragraph XX. Powers of the General Assembly -- The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. 2-1921. (6451) Paragraph XXI. Signature of Governor.--No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the twothirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly. 2-1922. (6452) Paragraph XXII. Adjournments.--Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses, on a question of adjournment, the Governor may adjourn either, or both of them. 2-1923. Paragraph XXIII. Zoning and planning laws.--The General Assembly of the State shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein. 2-1924. Paragraph XXIV. Civil service; veterans preference.--Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the State Government or any political subdivision thereof as may be determined by appropriate action of the General Assembly. Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State Government or any political subdivision thereof: (a) Such veteran who has at least a 10 per cent, service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have 10 points added to his passing score on such examination ; and (b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination. 15 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-2701 2-1925. (6448) Paragraph XXV. Street railways.--The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities. 2-1926. Paragraph XXVI. Continuity of government in case of enemy attack.--The General Assembly, in order to insure continuity of State and local govermental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty: (1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency ; and (2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules. Any legislation heretofore adopted by the General Assembly which would have been invalid except far the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia. Section VIII. Chapter 2-20. Officers of the General Assembly. 2-2001. (6453) Paragraph I. Officers of the two Houses.--The officers of the two Houses, other than the President of the Senate and Speaker of the House, shall be a President Pro Tempore and Secretary of the Senate and Speaker Pro Tempore and Clerk of the House of Representatives, and such assistants as each House may provide for. Section IX. Chapter 2-21. Pay of Members. 2-2101. (6454) Paragraph I. Compensation, expenses and mileage.-- The per diem of members of the General Assembly shall be $10.00 per day plus the additional sum of $5.00 per day for maintenance expense; and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capitol; but the President Pro Tem of the Senate, when serving as presiding officer thereof, and the Speaker of the House of Representatives, shall each receive $15.00 per day as per diem plus the additional sum of $5.00 per day for maintenance expense. Section X. Chapter 2-22. Elections by General Assembly. 2-2201. (6455) Paragraph I. Viva voce vote; place of meeting.--All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President ,of the Senate shall, in such cases, preside and declare the results. Section XI. Chapter 2-23. Salaries of Elective Officials. 2-2301. Paragraph I. Manner of changing; majority vote.--The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all the elective officers provided for in this Constitution, but no such change shall diminsh the amount of any salary set forth in the Constitution. Article IV. Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, Etc. Section I. Chapter 2-24. Public Utility Tariffs and Charges. 2-2401. (6463) Paragraph I. Regulation; discriminations and unreasonable rates.--The power and authority of regulating railroad- freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution. 2-2402. (6467) Paragraph II. Rebates and bonuses.--No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties. Section II. Chapter 2-25. Right of Eminent Domain; Police Power. 2-2501. (6464) Paragraph I. Abridgement, etc., of right of eminent domain.--The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. 2-2502. (6464) Paragraph II. Abridgement, etc., of police power.--The exercise of the police power of the State shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general wellbeing of the State. Section III. Chapter 2-26. Charters of Corporations. 2-2601. (6465) Paragraph I. Charters revived or amended subject to Constitution.--The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution. Section IV. Chapter 2-27. Contracts; Public Service Commission. 2-2701. (6466) Paragraph I. Contracts to defeat competition.--AH contracts and agreements which may have the effect, or be intended l % \4 & 2-2702 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 16 to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. 2-2702. Paragraph II. General Assembly to enforce article.--The General Assembly shall enforce the provisions of this Article by appropriate legislation. 2-2703. Paragraph III. Public Service Commission as constitutional officers.--There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be selected by the members of the Commission from its membership. The first Commission under this amendment shall consist of the Commissioners in office at the time of the adoption of this Constitutional amendment and they shall serve until December 31st after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman shall be such as are now or may hereafter be provided by the General Assembly. Section V. Chapter 2-28. Married Woman's Property. 2-2801. (6456) Paragraph I. Wife's separate estate.--All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. Section VI. Chapter 2-29. Insurance Companies. 2-2901. (6457) Paragraph I. Nonresident insurance companies.--All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, is a guarantee fund for the security of policy-holders. 2-2902. (6458) Paragraph II. License by Comptroller General.--When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law. 2-2903. (6459) Paragraph III. Resident insurance companies; guarantee fund.--All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company. 2-2904. (6460) Paragraph IV. General Assembly to enact laws for people's protection, etc.--The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Treasurer of this State, to secre the people against loss by the operations of said companies. 2-2905. (6461) Paragraph V. Reports by insurance companies.--The Genera; Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people. Article V. Executive Department. Section I. Chapter 2-30. Governor. 2-3001. (6471) Paragraph I. Governor; term of office; salary, etc.-- The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving at the time of the adoption of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of his term of office. He shall have a salary of seven thousand five hundred dollars per annum until January 1, 1947. The salary of the Governor for each year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority vote of both branches of the General Assembly, which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers, required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years. 2-3002. (6472) Paragraph II. Election for Governor.--The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1946, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. 2-3003. (6473) Paragraph III. Transmission, canvassing and publishing election returns.--The returns of each election distric in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and clerk of the House of Representatives, the President pro tempore and the secretary of the Senate, and the chairmen of all standing committees of the General Assembly. Such board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns. 17 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-3012 2-3004. (6474) Paragraph IV. Runoff election.--In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a runoff election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This runoff election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The runoff election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to the runoff election. On the Tuesday next following the runoff election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the runoff election. The person having the highest number of votes entitled to be counted in the runoff election shall be declared the duly elected Governor of this State. 2-3005. (6475) Paragraph V. General Assembly may provide additional procedures.--The General Assembly may provide by law for any additional procedures or requirements connected with any subject-matter embraced within Paragraphs III and IV [ 2-3003 and 2-3004], and in connection with any contested election, provided such laws are not inconsistent with the provisions therein. 2-3006. (6476) Paragraph VI. Qualifications of Governor.--No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years. 2-3007. (6477) Paragraph VII. Lieutenant Governor; succession to executive power.--There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000 per annum. In case of the death, resignation or disability of the Governor, the Lieutenant Governor, and in case of the death or resignation of the Governor-Elect, the Lieutenant GovernorElect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the tinexpired term ; but if such death, resignation, or disability shall occur within 30 days of the next general election, or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within 60 days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect. 2-3008. (6478) Paragraph VIII. Unexpired terms, filling of.--The General Assembly shall have power to provide by law, for filling unexpired terms by special elections, except as provided in this Constitution. 2-3009. (6479) Paragraph IX. Oath of office.--The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America." 2-3010. (6480) Paragraph X. Commander-in-chief.--The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. 2-3011. (6481) Paragraph XI. Reprieves and pardons; State Board of Pardons and Paroles.--The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have' an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Senate is not in session shall be effective ad interim. The first members shall be appointed for terms of three, five, and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. Except if any member for any cause is unable to serve in any case involving capital punishment, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may "make rules and regulations as may be authorized by law. The first Board of Pardons and Paroles under this provision may be those in office under an Act of the General Assembly creating such a Board existing at the time of the adoption of this amendment, which, if so existing shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment, and which Board shall have all the rights, privileges, powers, and duties the same as if it was so subsequently created, and the terms of members of such Board shall date from time specified in the existing Act of the General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment. 2-3012. (6482) Paragraph XII. Writs of election; called sessions of the General Assembly.--The Governor shall issue writs of election to 2-3013 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. fill all vacancies that may happen In the Senate and the House of of the General Assembly. It shall be the duty of the presiding officer of Representatives, and shall give the General Assembly, from time to time, such other branch of the General Assembly upon receiving such bill to information of the State of the Commonwealth, and recommend to their dispense with all business that is then being considered and to then and consideration such measures as he may deem necessary or expedient. there consider and act upon such bill for the purpose of overriding the The Governor shall have power to convoke the General Assembly on action of the Governor. In the event the action of the Governor is over- extraordinary occasions, but no law shall be enacted at called sessions ridden by two-thirds of the votes of such branch of the General Assem- of the General Assembly, except such as shall relate to the object bly such bill shall become law. In the event either branch of the Gen- stated in his proclamation convening them; Providing that such called eral Assembly should fail to override the Goveror's action on a bill, sessions of the General Assembly shall not exceed 70 days in length, such bill shall not again be presented to the General Assembly of unless at the expiration of said period there shall be pending an Georgia for the purpose of overriding the action of the Governor. In the impeachment trial of some officer of the State Government in which event any bill is enacted into law pursuant to the terms of this para- event the General Assembly will be authorized to remain in session until such trial shall have been completed. graph, the effective date of such bill shall be on the date that such bill was acted upon by the branch of the General Assembly last acting upon Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate such bill. Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which tile Governor is elected, shall not be subject to be overidden by the next regular session of the General Assembly. or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been com- 2-3016. (6486) Paragraph XVI. Governor to approve resolutions, etc.--Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution. pleted. 2-3017. (6487) Paragraph XVII. Information from officers and em- The members of the General Assembly shall receive the same per ployees ; suspension of officers.--The Governor may require information \ diem and mileage during such extraordinary session as is now or may in writing from Constitutional officers, department heads, and all State be hereinafter provided. employees, on any subject relating to the duties of their respective 2-3013. (6483) Paragraph XIII. Filling vacancies.--When any office shall become vacant, by death, resignation, or otherwise, the Governor ' shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. or by law in pursuance thereof. 2-3014. (6484) Paragraph XIV. Appointments rejected.--A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess fTiereafter. Section II. Chapter 2-31. Other Executive Officers. 2-3101. (6489) Paragraph I Executive officers, how elected.--The 2-3015. (6485) Paragraph XV. Governor's veto.--The Governor shall Secretary of State, Attorney General, State School Superintendent, have the revision of all bills passed by the General Assembly before the Comptroller General, Treasurer, Commissioner of Agriculture, and the same shall become laws, but two-thirds of each House may pass a law Commissioner of Labor shall be elected by the persons qualified to vote \" notwithstanding his veto; and if any bills should not be returned by the Governor within five days (Sundays excepted) after it has been pre- for members of the General Assembly at the same time, and in the same sented to him, the same shall be a law; unless the General Assembly, manner as the Governor. The provisions of the Constitution as to the by their adjournment, shall prevent its return, in which event the Gov- transmission, tabulation and canvassing of the returns of the election, ernor shall have thirty days (Sundays excepted) from the date of ad- runoff elections, contested elections, and declaration of the results of the journment in which to approve the same, and if. not approved within that election, applicable to the election of Governor, shall apply to the elec- time, the same shall become a law. He may approve any appropriation, tion of the above-named executive officers; and they shall be com- and veto any other appropriation, in the same bill, and the latter shall missioned by the Governor and hold their offices for the same time as not be effectual unless passed by two-thirds of each House. the Governor. In case of the death or withdrawal of a person having Whenever such bill has been vetoed by the Governor, it shall be the received a majority of the whole number of votes cast in an election for duty of the Governor to transmit such bill to the presiding officer of the any of the above-named offices, the Governor elected at such election, branch of the General Assembly in which it originated, together with a upon becoming Governor, shall have the power to fill such office by list of reasons, if any, for such veto. Such transmission shall be made appointing, subject to the confirmation of the Senate, an individual to within thirty-five (35) days (Sundays excepted) from the date of the ad- serve until the next general election, at which time a successor shall be journment of the session of the General Assembly at which such bill Was elected to serve out the unexpired term of office. passed. Such bill may be considered by the branch of the General Assem- 2-3102. Paragraph II. Duties, authority, and salaries of executive bly in which it originated at any time within the first ten (10) days of the officers.--The General Assembly shall have power to prescribe the & next regular session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is duties, authority, and salaries of the executive officers, and to provide help and expenses necessary for the operation of the department of each. overridden by two-thirds of the votes of such branch of the General As- sembly the same shall be immediately transmitted by the Secretary of or 2-3103. (6493) Paragraph III. Profit from use of public money.-- the Clerk of such branch of the General Assembly to the other branch No State official shall be allowed, directly or indirectly, to receive o 19 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-3505.1 any fee, interest, or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties. 2-3104. (6494) Paragraph IV. Qualifications.--No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, for the faithful discharge of their duties. 2-3105. (6495) Paragraph V. Fees and perquisites denied.--No State official named in Paragraph I of this Section shall be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the State. Section III. Chapter 2-32. Seal of State. 2-3201. (6496) Paragraph I. Great seal; what constitutes; custody; when affixed to instruments.--The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law. five years and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law. Chapter 2-35. State Department of Veterans Service. Section VI. 2-3501. Paragraph I. Veterans Service Board; creation; membership; powers and duties; terms of office; Director.--There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged. The first appointments shall be for terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment of the Governor. Sections VII through IX. 2-3502 through 2-3504.-- Editorial Note.-- The subject-matter of these sections is local in nature and has, therefore, not been codified. Section IV. Chapter 2-33. State Game and Fish Commission. 2-3301. Paragraph I. Creation; membership; appointment; terms of office; powers and duties; compensation.--There is hereby created a State Game and Fish Commission. Said Commission shall consist of one member from each Congressional District in this State, and one additional member from one of the following flamed counties, to-wit; Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden. The first members of the Commission shall consist of those in office at the time this Constitution is adopted, with terms provided by law. Thereafter, all succeeding appointments shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term. All members of the Commission shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly. Section V. Chapter 2-34. State Board of Corrections. 2-3401. Paragraph I. Creation; membership; powers and duties; terms of office; compensation; Director of Corrections.--There shall be a State Board of Corrections composed of five members in charge of the State penal system. The Board shall have such jurisdiction, powers, duties and control of the state penal system and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The first appointment shall be for terms of one, two, three, four and Section X. 2-3505. Paragraph I. Department of Industry and Trade.--There is hereby created the Department of Industry and Trade in lieu of and as successor to the Department of Commerce. There is hereby created a Board of Commissioners of the Department of Industry and Trade to be composed of twenty (20) members, two from each Congressional District in the State, but no two from the same county. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The first ten members of the Board shall be appointed by the Governor serving at the time of the ratification of this amendment, and their terms of office shall begin on April 1, 1963. He shall appoint one member from each Congressional District in the State and shall designate their terms of office as follows: Five members shall be appointed for three year terms; five members for six year terms. The other ten members of the Board shall be appointed by the Governor who takes office in January, 1963, and he shall appoint one member from each Congressional District, but not from the same county as any other member already appointed. He shall designate their terms of office as follows: Five members shall be appointed for three year terms; five members for six year terms. Thereafter, all terms of all successors, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1st of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. The Board shall appoint a Director who shall be the executive officer and administrative head of the Department. In the event of the ratification of this amendment, the appointments to the Board shall be made as provided herein, but the provisions of law relative to the Department of Commerce, the Director of the Department of Commerce, and the Advisory Board of the Department of Commerce shall remain as presently existing until April 1, 1963. 2-3505.1. Paragraph II. Same; cooperation with other agencies in promotion of tourism.--In addition to such powers and duties as may from time to time be conferred upon the Board of Commissioners and 2-3506 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 20 the Department of Industry and Trade, the Board of Commissioners shall be authorized to participate with any county, municipality, nonprofit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the contrary. disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Courts to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Court to preside in the cause, but they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges. 2-3703. (6501) Paragraph III. Terms of office.--The Justices afore- Section XI. said shall hold their offices for six years, and until their successors 2-3506. Paragraph I. State Highway Board created.--There shall be are qualified. They shall be elected by the people at the same time a State Highway Board, composed of as many members as there are and in the same manner as members of the General Assembly; pro- congressional districts in the State. The member of the board from vided, that the successors to the two incumbents whose terms will each congressional district shall be elected by a majority vote of the expire on December 31, 1946, shall be elected for the succeeding terms members of the House of Representatives and Senate from the counties at the time of electing members of the General Assembly during that and senatorial districts embraced or partly embraced within such con- year; successors to the two incumbents whose terms will expire on gressional district, meeting in caucus. All members shall- be elected for December 31, 1948, shall be elected in like manner during that year; terms of five years each and until their successors are duly elected and successors to the two incumbents whose terms will expire on December <> qualified. Nothing herein shall affect the terms of office of members of the State Highway Board now in office, and such members shall serve 31, 1950, shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately out the remainder of their respective terms and until their successors appointed by the Governor, his tenure under such appointment to expire are duly elected and qualified as hereunder provided. The successors to on December 31. 1946. and his successor for the ensuing regular term such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of of six years to be elected at the time and in the manner aforesaid at such general election to be held during that year; and all terms (except law enacted or as may hereafter be enacted to implement this Paragraph. unexpired terms) shall be for six years. In case of any vacancy which The board shall elect a director of the State Highway Department who causes an unexpired term, the same shall be filled by executive appoint- shall be the chief executive officer of the State Highway Department, ment, and the person appointed by the Governor shall hold his office except that the Director of the State Highway Department in office at until the next regular election, and until his successor for the balance the time of approval hereof shall not be affected, ml such Director shall of the unexpired term shall have been elected and qualified. The re- serve out the remainder of his term as now provided by law. The General turns of such elections shall be made to the Secretary of State, who Assembly shall define by law the powers, duties, qualifications and com- shall certify the result to the Governor, and commission shall issue '% pensation of the board and of the Director, and shall by law prescribe accordingly. the manner, time and procedure for the election of members of the board, and the manner of filling vacancies therein. 2-3704. (6502) Paragraph IV. Jurisdiction of Supreme Court.--The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior Article VI. courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as have been or may Judiciary. hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign Section I. governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; Chapter 2-36. Courts. and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, 2-3601. (6497) Paragraph I. Courts enumerated. The judicial powers or the construction of wills; in all cases of conviction of a capital L of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified \t Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law. to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as Section II. if the case had been carried by writ of error to the Supreme Court. Chapter 2-37. Supreme Court and Court of Appeals. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, 2-3701. (6498) Paragraph I. Supreme Court Justices; quorum.--The shall, until otherwise provided by law, be transferred to the other court Supreme Court shall consist of seven associate justices, who shall from under such rules as the Supreme Court may prescribe, and the cases time to time as they may deem proper, elect one of their members as so transferred shall be heard and determined by the court which has Chief Justice, and one as Presiding Justice; the office of Chief Justice jurisdiction thereof. The General Assembly may provide lor carrying as it has heretofore existed under this Constitution being hereby con- cases or certain classes of cases to the Supreme Court and the Court verted into the office of an associate justice, with the same right of of Appeals from the trial courts otherwise than by writ of error, and incumbency and the same succession as to terms, as applied to the may prescribe conditions as to the right of a party litigant to have his former office. The Chief Justice so elected by the other Justices shall case reviewed by the Supreme Court or Court of Appeals. The Supreme i be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the devolving upon the Chief Justice, when he is absent or disqualified. Judges of that Court when sitting as a body for the determination of A majority of the court shall constitute a quorum. cases. 2-3702. (6499) Paragraph II. Court to designate judges to preside, when.--When one or more of the Justices of the Supreme Court are 2-3705. (6503) Paragraph V. Cases, how disposed of.--The Supreme Court and the Court of Appeals shall dispose of every case at the term 21 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-3803 for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom. 2-3706. (6504) Paragraph VI. Judgments may be withheld.--In any case the Court may in its discretion withhold its judgment until the next term after the same is argued. 2-3707. (6505) Paragraph VII. The Supreme Court; how cases to be heard and determined.--The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by it. 2-3708. (6506) Paragraph VIII. Court of Appeals.--The Court of Appeals shall consist of the Judges provided therefor by law at the time of the ratification of this amendment, and of such additional Judges as the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expiration of the terms of the Judges provided for by law at the time of the ratification of this amendment, except unexpired terms, shall continue six years and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transscript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly. In the event of an equal division of Judges on any case when the Court is sitting as a body, the case shall be immediately transferred to the Supreme Court. , 2-3709. Paragraph IX. Review of juvenile court decisions; procedure; duty of district attorney.--The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error [see Editorial Note, post], and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications, rendered by any juvenile court created or referred to in an Act of the General Assembly approved February 19, 1951 (Ga. L. 1951, p. 291), as amended [Chapter 24-24], and any other juvenile court that may be hereafter established, and, it shall further be the duty of the district attorney of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the juvenile judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required. Editorial Note.-- Acts 1968, p. 1567, amended this section only by substituting "district attorney" for the former "solicitor general." This resulted in the readoption of the section containing the words "writ of error" and "bill of exceptions." It will be noted from 6-801 and 6-904 that these terms are no longer applicable. Since the instant section states that the procedure for appeal "shall be as now provided by law for appeals, or as may hereafter be provided by law. . ." it is apparent that the usual procedure providing for notice of appeal described in Title 6 would apply. Section III. Chapter 2-38. Superior Courts. 2-3801. (6507) Paragraph I. Terms, etc., of superior court judges.-- There shall be a judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit; provided that at all times there shall be at least one judge in every judicial circuit of this State. 2-3802. (6508) Paragraph II. Elections, when to be held.--The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms. 2-3803. (6509) Paragraph III. Terms begin, when.--The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be -%', 4> & o 2-3901 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 22 filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Section IV. Chapter 2-39. Jurisdiction of Superior Courts. 2-3901. (6510) Paragraph I. Exclusive jurisdiction.--The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary, in cases respecting titles to land, and equity cases. 2-3902. (6511) Paragraph II. Equity may be merged in common law courts.--The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by courts of equity in this State. 2-3903. (6512) Paragraph III. General jurisdiction.--Said courts shall have jurisdiction in all civil cases, except as hereinafter provided. 2-3904. (6513) Paragraph IV. Appellate jurisdiction.--They shall have appellate jurisdiction in all such cases as may be provided by law. 2-3905. (6414) Paragraph V. Certiorari, mandamus, etc.--They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law. 2-3906. (6515) Paragraph VI. New trials.--The Superior, and City Courts may grant new trials on legal grounds. 2-3907. (6516) Paragraph VII. Judgment of the court.--The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party. 2-3908. (6517) Paragraph VIII. Sessions.--The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived. 2-3909. (6518) Paragraph IX. Presiding judge disqualified.--The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified. Section V. Chapter 2-40. Judges of Superior and City Courts. 2-4001. (6519) Paragraph I. Judges of superior and city courts may alternate, when.--In any county within which there is, or hereafter may be a city Court the Judge of said court and of the Superior Court may preside in the courts of each other in cases where the judge of either court is disqualified to preside. Section VI. Chapter 2-41. Court of Ordinary. 2-4101. (6520) Paragraph I. Appeals from ordinary.--The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county, from whose decisions there may be an appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law. 2-4102. (6521) Paragraph II. Powers.--The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdiction. 2-4103. (6522) Paragraph III. Term of office.--The Ordinary shall hold his office for the term of four years and until his successor is elected and qualified. Section VII. Chapter 2-42. Justices of the Peace. 2-4201. (6523) Paragraph I. Number and term of office.--There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years : Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia [ 2-4401] : Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of 23 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-4801 Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia [ 2-4401]. 2-4202. (6524) Paragraph II. Jurisdiction.--Justices of the Peace shall have jurisdiction in all civil cases arising ex-contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law. 2-4203. (6525) Paragraph III. Elections and commissions.--Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable or conviction for malpractice in office. present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. 2-4602. (6531) Paragraph II. Duties.--It shall be the duty of the district attorney to represent the State in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court end Court of Appeals and to perform such other services as shall be required of him by law. 2-4603. Paragraph III. Words "solicitor general" changed to "district attorney" in all statutes.--Wherever the words "solicitor general" are used in any statute they shall be held and taken to mean the district attorney. Section VIII. Chapter 2-43. Notaries Public. 2-4301. (6526) Paragraph I. Appointment; number; term; removal.-- Commissioned notaries public, not to exceed one for eact^militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office. Section IX. Chapter 2-44. Uniformity of Courts. 2-4401. (6527) Paragraph 1. Uniformity provided for.--Except as otherwise provided in th's Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so far as regulated by law. and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform, The uniformity must be established by the General Assembly, and in case of City Courts, may be established by the General Assembly. Section X. Chapter 2-45. Attorney General. 2-4501. (6528) Paragraph I. Election; term of office.--There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor. 2-4502. (6529) Paragraph II. Duties.--It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department, to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law. Section XI. Chapter 2-46. District Attorneys. 2-4601. (6530) Paragraph I. Number; term of office; vacancies.-- There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of Section XII. Chapter 2-47. Salaries of Justices, Judges, and District Attorneys. 2-4701. (6533) Paragraph I. Amounts.--The Justices of the Supreme Court each shall have out of the treasury of the State salaries of not less than $8,000 per annum ; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of not less than $8,000 per annum ; the judges of the superior courts each shall have out of the treasury of the State salaries of not less than $6,000 per annum and the district attorneys shall each have out of the treasury of the State a salary of not less than $250 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the superior court and district attorney of the judicial circuit in which such county lies out of county funds: Provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly: Provided, further, that the board of county commissioners of Richmond county, or the ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said county's treasury the salary of the judge of superior court of the circuit of which the said county of Richmond is a part, by the sum of $2,000 per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the county treasury as above provided. 2-4702. (6534) Paragraph II. Power to abolish or reinstate fees of district attorney.--The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of district attorney in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of district attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the district attorney was elected. Section XIII. Chapter 2-48. Qualifications of Justices, Judges, etc. 2-4801. (6535) Paragraph I. Age; citizenship; practice of law.--No person shall be Justice of the Supreme Court, Court of Appeals, judge 2-4802 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 24 of superior courts, or Attorney General, unless, at the time of his election, he shall have attained the age of 30 years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected district attorney, unless at the time of his election he shall have attained 25 years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. 2-4802. Paragraph II. Justices and judges emeritus eligible to preside.-- Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service. number, not less than five, to constitute a trial, or traverse jury, except in the superior court. 2-5102. (6546) Paragraph II. Selection- of jurors.--The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe. 2-5103. (6547) Paragraph III. Compensation of jurors.--It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State. Section XIV. Chapter 2-49 Venue. 2-4901. (6538) Paragraph I. Divorce cases.--Divorce cases shall be brought in the county where the defendant resides, if a resident of this state; if the defendant be not a resident of this state, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation. Section XVII. Chapter 2-52. County Commissioners. 2-5201. (6548) Paragraph I. Power to create county commissioners.-- The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. Section XVIII. Chapter 2-53. What Courts May Be Abolished; Appellate Court Costs. 2-4902. (6539) Paragraph II Land titles.--Cases respecting titles to 2-5301. (6549) Paragraph I. Power to abolish courts.--All courts not land shall be tried in the county where the land lies, except where a specially mentioned by name in the first section of this Article may '% single tract is divided by a county line, in which case the Superior be abolished in any county at the discretion of the General Assembly. Court of either county shall have jurisdiction. 2-5302. (6550) Paragraph II. Supreme Court and Court of Appeals 2-4903. (6540) Paragraph III. Equity cases.--Equity cases shall be costs; pauper oath.--The cost in the Supreme Court and Court of tried in the county where a defendant resides against whom substantial Appeals shall not exceed $15.00 until otherwise provided by law. Plain- relief is prayed. tiffs in error shall not be required to pay costs in said courts when the 2-4904. (6541) Paragraph IV. Suits against joint obligors, copartners, usual pauper oath is filed in the court below. etc.--Suits against joint obligors, joint promissors, copartners, or joint trespassers, residing in different counties, may be tried in either county. 2-4905. (6542) Paragraph V. Suits against maker, endorser, etc.-- Suits against the maker and endorser of promissory notes, or drawer, Article VII. Finance, Taxation, and Public Debt acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. Section I. 2-4906. (6543) Paragraph VI. All other cases.--All other civil cases Chapter 2-54. Power of Taxation; Exemptions. shall be tried in the county where the defendant resides, and all 2-5401. (6462, 6557) Paragraph I. Taxation, a sovereign right; tax criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county. on corporations.--The right of taxation is a sovereign right--inalienable, indestructible--is the life of the State, and rightfully belongs to the people in all Republican governments, and neither the General Assem- bly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, \ Section XV. grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department Chapter 2-50. Change of Venue. 2-5001. (6544) Paragraph I. Power to change venue.--The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law. thereof, to affect any ol these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party. & Section XVI. Chapter 2-51. Jury Trials. The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county re- 2-5101. (6545) Paragraph 1. Right of trial by jury.--The right of ceives no taxes. The General Assembly is authorized to provide in such trial by jury, except where it is otherwise provided in this Constitution, law the procedure for determining the amount of funds and all other shall remain inviolate, but the General Assembly may prescribe any matters relative to any such grant. 25 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-5402 2-5402. (6552, 6555, 6573, 6574) Paragraph II. Taxing power limited.-- 1. The General Assembly shall not by vote, resolution, or order grant any donation or gratuity in favor of any person, corporation or association. The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment !>y the Governor. Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4. or any amendment thereto, said board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to nonprofit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons, provided, however, that nothing in this paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly. 2. The General Assembly shall not grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into. 3. The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth (14) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof. 4. No poll tax shall be levied to exceed one dollar annually upon each poll. 5. State Medical Education Board. [6] The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds to the Board of Regents of the University of Georgia as it sees fit in order to carry out the purposes of this provision. It shall be the duty of the Board of Regents to receive and pass upon, allow or disallow all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships ; and to manage, operate and control all funds appropriated for this purpose. [7] State Departments and agencies of the State Government of Georgia shall have the authority to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post graduate educational scholarships and for use in other Federal education programs. The terms and condition: t.iereof shall be prescribed and regulated by the various departments and agencies granting the scholarships but shall include the condition that personnel to whom these scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least two years for each year spent in study or refund the money received for said scholarships pro rata. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds used for this purpose. [8] The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and Who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and Tegulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event. The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purposes of this provision. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers ; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose. 9. There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment of members of said State Dental Education Board of Georgia;, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia. [10] The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the purposes provided for herein. The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the 12th grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in pursuance of this amendment shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this amendment. The General Assembly is hereby authorized and empowered to appropriate any amount of funds it deems necessary for the purposes of 2-5403 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 26 implementing any Act which becomes law as authorized by this provision. [10A] The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes 2-S403. (6553) Paragraph III. Uniformity; classification of property. --All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property and all such State departments and other State agencies shall be au- including money for taxation, and to adopt different rates and different thorized to use the funds so appropriated and the funds received from methods for different classes of such property. Notwithstanding any- the Federal Government for the purposes authorized and directed by thing to the contrary contained in this Paragraph, the General Assembly the Federal Government in making such funds available. shall be authorized to enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of [11] The General Assembly is hereby authorized to provide by law tangible property for ad valorem property tax purposes, and to adopt for a program of guaranteed student loans and for the payment of inter- different rates, methods or assessment dates for the taxation of such est on such loans, which loans shall be used for the purpose of acquiring property, and to enact legislation consistent herewith to prevent any an education beyond the 12th grade. The General Assembly is author- person, firm or corporation from escaping payment of their fair share ized to create an Authority, a corporation or other entity for the purpose of ad valorem taxes on said motor vehicles. of administering any such law. Such law shall provide the agencies which 2-5404. (6554, 6556) Paragraph IV. Exemptions from taxation.--The may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive the General Assembly is hereby authorized to appropriate money there- benefit of, religious, educational and charitable institutions, no part of for. The General Assembly is also authorized to provide that contribu- the net profit from the operation of which can inure to the benefit of tions for the purposes provided herein shall be deductible for State in- any private person; all buildings erected for and used as a college, incor- come tax purposes. The General Assembly is also authorized to pro- porated academy or other seminary of learning, and also all funds or vide for such tax exemptions as shall be deemed advisable in connection property held or used as endowment by such colleges, incorporated acad- with such program. The General Assembly is hereby authorized to pro- emies or seminaries of learning, provided the same is not invested in vide for all other matters relative to the purposes provided for herein. real estate; and provided, further, that said exemptions shall only apply The General Assembly is hereby authorized to provide by law for the to such colleges, incorporated academies or other seminaries of learning % issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white the 12th grade. The amount of such revenue bonds that may be out- people, and all endowments to institutions established for colored standing at any one time, the interest rates, terms and conditions asso- people, shall be limited to colored people; the real and personal estate ciated with the issuance of such bonds and all other matters relating of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus to the issuance of such bonds shall be as the General Assembly shall and all paintings and statuary of any company or association, kept in provide by law. Such bonds shall be retired by the proceeds derived 2 public hall and not held as merchandise or for purposes of sale or gain; from the repayment of such student loans plus the interest, which may provided the property so exempted be not used for the purpose of be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the Gen- private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such eral Assembly shall determine. To the extent necessary to secure the property, and any income from such property is used exclusively for issuance and sale of such bonds, such bonds may be retired from State religious, educational and charitable purposes, or for either one or funds in such manner as the General Assembly shall determine, any more of such purposes and for the purpose of maintaining and operat- other provisions of this Constitution to the contrary notwithstanding. ing such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and [12] Notwithstanding any other provisions of this Constitution, the which is rented, leased or otherwise used for the primary purpose of General Assembly is hereby authorized to provide by law for the securing an income thereon ; and also provided that such donations of indemnification with respect to death, personal injury or property property shall not be predicated upon an agreement, contract or other- damage sustained in preventing the commission of a crime against the wise that the donor or donors shall receive or retain any part of the net person or property of another, in apprehending a criminal, or in assist- or gross income of the property. The General Assembly shall further ing a peace officer in prevention of a crime or apprehension of a criminal. have power to exempt from taxation, farm products, including baled Such law may provide for the method of payment of such indemnifica- cotton grown in this State and remaining in the hands of the producer, % tion and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for but not longer than for the year next after their production. All personal clothing, household and kitchen furniture, personal prop- the payment of such indemnification and for the purpose of implement- erty used and included within the home, domestic animals and tools, ing any law as authorized by this paragraph. and implements of trade of manual laborers, but not including motor [13] Notwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order to make Georgia competitive with other States in securing new business, industry and tourism, vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value. The Homestead of each resident of Georgia actually occupied by the is hereby authorized to expend available funds for the business meals owner as a residence and homestead, and only so long as actually and incidental expenses of bona fide industrial prospects and other per- occupied by the owner primarily as such, but not to exceed $2000.00 sons who attend any meeting at the request of the department to discuss of its value, is hereby exempted from all ad valorem taxation for State, the location or development of new business, industry or tourism within county and school purposes, except taxes levied by municipalities for the State. All such expenditures shall be verified by vouchers showing school purposes and except to pay interest on and retire bonded indebt- the date, place, purpose and persons for whom such expenditures were edness, provided, however, should the owner of a dwelling house on a made. The State Auditor shall conduct an audit of such expenditures farm, who is already entitled to homestead exemption, participate in the at least everv six months. program of rural housing and obtain a new house under contract with c 27 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-5501 the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1250.00. The value if all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities. All cooperative, nonprofit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in subsection I of section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, State, county, municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961. There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent, of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. The legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such trust is exempt from Federal income tax under section 165(a) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified. Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term "disabled veteran," as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. Each person who is 65 years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any Federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed.in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The Gen- eral Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31. 1968. The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate State agency or organization to which the General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph. All laws exempting property lrom taxation, other than the property herein enumerated, shall be void. 2-6405. Paragraph V. Exemptions of certain industries continued.-- Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Acts 'of the General Assembly of 1923, extra session, page 67, ratified November 4, 1924, shall continue of force until the expiration of the term for which granted. Section II. Chapter 2-55. Purposes and Method of Taxation. 2-5501. 16551) Paragraph I. Taxation, how and for what purposes exercised.--The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: 1. For the support of the State Government and the public institutions. 2. For educational purposes. 3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor. 4. To suppress insurrection, to repel invasion, and defend the State in time of war. 5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried. 6. To construct and maintain State buildings and a system of State highways, airports, and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes. 7-A. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the "Social Security Art," as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in Subchapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; 2-5501.1 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 28 and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in. the manner as provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of this provision of the State Constitution together with such further powers and duties as may be hereafter provided by law. 8. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. participating retirement system for all employees of public schools who are not covered by the Teachers Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine. 2-5503. Paragraph III. Revenue to be. paid into general fund.--All money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, 9. For public health purposes. 10. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only. of the State may be exercised and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent, of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or Authority established by the General Assembly for the performance of the afore- 2-5504. Paragraph IV. Tax returns of public utilities.--The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not at a greater basis of value or at a higher rate of taxation than other properties. said function and purpose, or contracting, through appropriate departments or instrumentalities of State government, with any such public corporation or Authority established by the General Assembly for performance of the aforesaid function and purpose. 2-5505. Paragraph V. Taxation for firemen's pension system.--The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension 10-A. For school lunch purposes. system or systems. The taxes so levied may be collected by such fire- 2-5501.1. Paragraph I-A. Promotion of agricultural and other products; financing; disposition of funds.--Any other provision of this Con- men's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. stitution to the contrary notwithstanding, the General Assembly may pro- 2-5506. Paragraph VI. Grant of State funds to municipalities.--Not- % vide for the promotion of the production, marketing, sale, use and utiliza- withstanding any other provisions of this Constitution, the General tion, processing and improvement of any one or all of the agricultural Assembly is hereby authorized to provide by law for the granting of products including, but not limited to, registered livestock and livestock State funds to the municipalities of Georgia, in such manner and form products, poultry and poultry products, timber and timber products, fish and under such procedure as the General Assembly may prescribe. The and seafood and the products of the farms and forests of this State. General Assembly is also authorized, but not directed, to provide the The General Assembly may provide for the promotion of such products purpose or purposes for which such funds may be expended by the individually, collectively, or in any combination thereof. The General municipalities. The General Assembly is hereby authorized to exercise Assembly may provide that such a program including provisions for the power of taxation over the entire State in order to carry out the quality and/or product control may be instituted, continued or termi- provisions of this paragraph. nated by a specified vote of the producers of the product or products \ affected participating in a referendum submitting such proposal for 2-5507. Paragraph VI [A]. Industrial Development Commission.--The their approval. The General Assembly may create instrumentalities, pub- General Assembly shall have the power to create an Industrial Develop- lic corporations, authorities and commissions to administer such pro- ment Commission to make loans, to be secured by second mortgages, grams and may provide a means of financing any such promotion by to such industrial development agencies as the Industrial Development authorizing such bodies to impose, raise, lower or repeal assessments, Commission may select: Provided, that said agencies shall have raised fees or other charges upon the sale or processing of the affected prod- sufficient capital and secured commitments for additional financing, ucts, and to collect the same, after approval by a specified vote of the which, in addition to the loan to be extended by said Commission, will \ producers of the affected product in a referendum, and may authorize adequately insure the completion of said project. The powers of taxa- the acceptance of gifts and donations, and may provide for the dis- tion may be exercised through the General Assembly in order to im- position of any funds arising under any such program without the neces plement and carry out the purposes for which said Commission is to sity of such funds being placed in the State treasury or being appropri- be created. ated by the General Assembly. The General Assembly may provide \ for the supervision of any such program by the Department of Agri- culture. The uniformity requirement of this Constitution shall be satis- Section III. fied by the application of the program upon the affected products. Chapter 2-56. State Debt. 2-5502. Paragraph II. Teacher retirement system, taxation for.--The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying 2-5601. (6558) Paragraph I. Purposes for which contracted.--No debt shall be contracted by, or on behalf of, the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary pensions and other benefits and costs under a teacher retirement system delay in collecting the taxes of that year, to repel invasion, suppress or systems; provided no indebtedness against the State shall ever be insurrection and defend the State in time of war, or to pay the existing created for the purpose herein stated in excess of the taxes lawfully public debt; but the debt created to supply deficiencies in revenue shall b levied each fiscal year under Acts of the General Assembly authorized hereunder. not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be 2-5502.1. Paragraph II-A. Retirement system for public school em- increased in the sum of three million, five hundred thousand dollars ployees not otherwise covered.--The General Assembly is hereby au for the payment of the public school teachers of the State only. The thorized to provide by law for the creation of an actuarially sound, principal amount borrowed for payment of teachers shall be repaid each MMH >}< 29 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-5702 year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State. 2-5602. (6569) Paragraph II. Bonded debt increased, when.--The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection or defend the State in time of war. 2-5603. (6559) Paragraph III. Form of laws to borrow money.--All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other. 2-5604. (6560) Paragraph IV. State aid forbidden.--The credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company, association or corporation. 2-5605. (6565) Paragraph 'V. Assumption of debts forbidden.--The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that the amendment to the Constitution proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways, including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired. 2-5606. (6566) Paragraph VI. Profit on public money.--The receiving, directly or indirectly, by any officer of State or county, or member or officer of the General Assembly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. 2-5607. (6568) Paragraph VII. Certain bonds not to be paid.--The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which luive been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations. 2-5608. (6570) Paragraph VIII. Sale of State's property to pay bonded debt.--The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. 2-5609. (6571) Paragraph IX. State sinking fund.--The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities by the Federal Government and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned by the Treasurer of the State, with the approval of the Governor, upon terms to be fixed by such officials and when amply secured by bonds of the State or Federal Government. Section IV. Chapter 2-57. Power of County Governments. 2-5701. Paragraph I. Powers of county government.--The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided bv this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. 2-5702. Paragraph II. Purposes of taxation.--In addition to such other Dowers and authority as may be conferred upon any county bv this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly: 1. Pay the expenses of administration of the countv government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, pirports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics. 5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers. 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents 8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law. 9. Provide fire protection for forest lands and conserve natural resources. 10. Provide insurance, retirement and pension benefits, coverage under Federal old age and survivors' insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors: Provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds 11. Establish and maintain a recreation system. 12. To provide for paying the principal and interest of any debt of 2-5703 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 30 the county and to provide a sinking fund therefor. 13. To provide for reasonable reserves for public improvements as may be fixed by law. 14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII [ 2-6401 et seq.] of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein. department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year lease contracts now or hereafter entered into pursuant to this Paragraph I (a) by and between such department, agency, or institution of the State and any State authority which has been created and activated at the time of the effective date of this amendment which said lease contracts constitute security for bonds or any other obligations heretofore or hereafter issued by any such au- 2-5703. Paragraph III. Establishment of taxing districts.--Except thority. In the event for any reason any such appropriation is not made, under the authority of a general or local law, a county governing au- then the fiscal officers of the State are hereby authorized and directed thority may not district a county toprovide water, sewerage, garbage, to set up on their appropriation accounts in each fiscal year as an ap- electricity, gas or fire protection services. Such services shall be au- propriation the respective amounts required by each such department, thorized only by an Act of the General Assembly establishing, or agency, or institution of the State to pay the obligations called for authorizing the establishment of, a special district or districts therefor, under any such lease contract. The amount of the appropriation in each and authorizing such county to levy a tax only upon the taxable property fiscal year to meet such lease.contract obligations as authorized here- in such districts for the purpose of constructing and maintaining facili- under shall be due and payable to each such department, agency, or ties therefor, conditioned upon the assent of a majority of the qualified institution of the State in each fiscal year to be expended for the pur- voters of any such proposed district voting in an election for that pur- pose of paying the lease contract obligation required under the terms pose held as provided by law. ^ and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the 2-5704. Paragraph IV. Eminent domain.--Any county is hereby au- amount of the appropriation in a General Appropriations Act. thorized to exercise the power of eminent domain for any public purpose. (b) Any city, town, municipality or county of this State is em- 2-5705. Paragraph V. Construction of Section IV.--Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, Paragraph I [ 2-7501] of the Constitution of Georgia of 1945, as amended. powered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall 2-5706. Paragraph VI. Cumulative nature of Section IV.--The powers not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are and authority granted by this amendment shall be cumulative of all to be maintained and operated by such public agency, public corpora- powers and authority heretofore granted to counties and shall not tion or authority for the same purposes for which such facilities were > operate to repeal any existing local constitutional amendments. operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority. Section V. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency,- public Chapter 2-58. Purposes of Taxation by Counties, Municipal Corporations, and Political Divisions. corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself i 2-5801. (6561) Paragraph I. Taxing power and contributions of counties, cities and political divisions restricted.--The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities become a stockholder in any company, corporation or association, or from revenues realized by such city, town, municipality or county from to appropriate money for, or to loan its credit to any corporation, any taxes authorized by the Constitution of this State Or revenues de- company, association, institution or individual except for purely charita- rived from any other sources. ble purposes. This restriction shall not operate to prevent the support (d) The board of education of any county, area school district or of schools by municipal corporations within their respective limits. independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more Section VI. Chapter 2-59. Contracts for Use of Public Facilities. area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, that the 2-5901. Paragraph I. Contracts by State, State institutions, counties establishment and operation of such schools pursuant to such local law, and municipal corporations with each other or with public agencies, and any subsequent amendments thereof, shall be first approved by a *< public corporations or authorities; conveyance of existing facilities to majority of the voters voting thereon in each of the school districts or public agencies, public corporations or authorities; hospitalization fa- systems affected thereby in separate referendums held in the manner cilities.-- provided by law. The government, powers and duties of boards of (a) The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness to require the levy of school tax funds or the residents thereof of any facilities or services of the State, state required for the establishment and operation of such schools in' such institutions, any city, town, municipality, county, public agency, public amount and. manner as shall be provided in such local law. Schools corporation or authority, provided such contracts shall 'deal with such established pursuant to provisions of this section shall be operated in activities and transactions as such subdivisions are by law authorized conformance with regulations promulgated by the State Board of Edu- to undertake. cation pursuant fo provisions of law. The State is hereby authorized to Notwithstanding any other provision of any other section of any expend funds for the support and maintenance of such schools in such other article of this Constitution, the General Assembly shall include amount and manner as may be provided by law. Special schools, includ- in each General Appropriations Act in the appropriation payable to each ing vocational trade schools, established prior to the adoption of this 31 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-6004 amendment under former subparagraph (d) of Article VII, Section VI, Paragraph I of the Constitution shall not be affected by this amendment; any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article VII, Section VII [ 2-6001 et seq.] of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law. Paragraph II. Editorial Note.-- See Editorial Note following 2-5902. 2-5902. Paragraph III. Liability, insurance for counties; waiver of governmental immunity.--The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defenses as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor' of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy. Editorial Note.-- This amendment was proposed by Acts 1960, p. 1366. The provision was officially designated as "Paragraph III" of Art. VII, Section VI, though there does not appear to be any Paragraph II of this Section. Section VII. Chapter 60. Limitation on County and Municipal Debts. 2-6001. (6563) Paragraph I. Debts of counties and cities.--The debt hereafter incurred by any county, municipal .corporation or political division of this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use lunds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. Every county is hereby empowered to create debt, by wa"y of borrowing from private individuals, firms, corporations, or partnerships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not i more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such rules and regulations pertaining to such programs as may be promulgated by the Commissioner. 2-6002. (6564) Paragraph II. Levy of taxes to pay bonds.--Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. 2-6003. Paragraph 111. Additional debt authorized, when.--in addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality or political suDdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable properly within such county, municipality or political subdivision col- lectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly ; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. 2-6004. Paragraph IV. Temporary loans authorized; conditions.--In addition to the obligations hereinbefore allowed, each county, mil- 2-6005 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 32 nicipality, political subdivision of the State authorized to levy taxes, the proceeds of said revenue certificates, and extend their services and county board of education, is given the authority to make tempo- beyond the limits of the county in which the municipality or political rary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are amount of all such loans of such county, municipality, political subdi- privately owned and operated utilities. vision or county board of education outstanding at any one time shall 2-6005.1. Paragraph V-A. Revenue obligations authorized for develop- not exceed 75 per cent, of the total gross income of such county, mu- ment of trade, commerce, industry, and employment opportunities.--The nicipality, political subdivision or county board of education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create development be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the pro- Authorities to promote and further such purposes or may authorize the creation of such Authority by any county or municipal corporation visions of this paragraph when there is a loan then unpaid which was or combinations thereof under such uniform terms and conditions as it made in a prior year under the provisions of this paragraph. Each may deem necessary. The General Assembly may exempt from taxation such loan shall be first authorized by resolution fixing the terms of development Authority obligations, properties, activities or income and such loan adopted by a majority vote of the governing body of such may authorize the issuance of revenue obligations by such Authorities county, city, political subdivision or county board of education, at a which shall not constitute an indebtedness of the State within the mean- meeting legally held, and such resolution shall appear upon the minutes ing of Section VII of this Article [ 2-6007]. of such meeting. No such county, municipality, subdivision or county The General Assembly may provide for the validation of any revenue board of education shall incur in any one calendar year, an aggregate obligations authorized, and that such validation shall thereafter be of such temporary loans and other contracts or obligations for current incontestable and conclusive. expenses, in excess of the total anticipated revenue of such county, 2-6006. Paragraph VI. Refunding bonds.--The General Assembly is municipality, subdivision, or county board of education for such cal- hereby authorized to create a commission and to vest such commission I endar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision 2-6005. Paragraph V. Revenue anticipation obligations.--Revenue an- of this State issued prior to the adoption of this Constitution, including ticipation obligations may be issued by any county, municipal corpora- the authority to approve or disapprove the amount and terms of such tion or political subdivision of this State, to provide funds for the refunding bonds, together with such other powers as to the General purchase or construction, in whole or in part, of any revenue-producing Assembly may seem proper, but not in conflict with the provisions of I* facility which such county, municipal corporation or political sub- the Constitution. Such refunding bonds shall be authorized only where division is authorized by the Act of the General Assembly approved such county, municipality or political subdivision has not the funds March 31st, 1937, known as the "Revenue Certificate Laws of 1937," available to meet the payment of outstanding bonded indebtedness as amended by the Act approved March 14, 1939, to construct and through failure to levy and collect the required taxes, or through failure operate, or to provide funds to extend, repair or improve any such to maintain the required sinking fund for such bonds. The General existing facility, and to buy, construct, extend, operate and maintain Assembly may approve the issuance of the said refunding bonds under gas or electric generating and distribution systems, together with all the conditions stated. Such refunding bonds shall not, together with necessary appurtenances thereof. Such revenue anticipation obligations all other outstanding bonded indebtedness, exceed the limits fixed by shall be payable, as to principal and interest, only from revenue pro- this Constitution for the maximum amount of bonded indebtedness duced by revenue-producing facilities of the issuing political sub- which may be issued by such county, municipality or political sub- divisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the pur- division and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of this Constitution. chase, construction, extension, repair or improvement of such facilities 2-6007. Paragraph VII. Refunding bonds to reduce bonded indebted- and undertakings as are specifically authorized and enumerated by said ness.--The General Assembly is further authorized to give to the said Act of 1937, as amended by said Act of 1939; and to buy, construct, Commission the power and authority to approve or disapprove the extend, operate and maintain gas or electric generating and distribution issuance of bonds to refund any outstanding bonded indebtedness of systems, together with all necessary appurtenances thereof; provided any county, municipality or political subdivision now or hereafter further any revenue certificates issued to buy, construct, extend, operate issued, for the purpose of reducing the amount payable, principal or and maintain gas or electric generating and distribution systems shall, interest, on such bonded indebtedness, and upon the condition that, before being undertaken, be authorized by a majority of those voting the issuance of such refunding bonds will reduce the amounts payable % at an election held for the purpose in the county, municipal corporation upon such outstanding bonds, principal or interest. Such refunding or political subdivision affected, and provided further that a majority bonds shall replace such outstanding bonded indebtedness. The said of the registered voters of such county, municipal corporation or political Commission shall have the authority to approve or disapprove the subdivision affected shall vote in said election, the election for such terms of any such proposed refunding bonds. The General Assembly to be held in the same manner as is used in issuing bonds of such may authorize the issuance of such refunding bonds issued for the said county, municipal corporation or political subdivision and the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, elections shall be called and provided for by officers in charge of the without an election by the qualified voters as otherwise required, but fiscal affairs of said county, municipal corporation or political sub- in all other respects such refunding bonds shall comply with the pro- division affected; and no such political subdivision of the State visions of this Constitution. shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Section VIII. Provided that after a favorable election has been held as set forth Chapter 2-61. Sinking Fund. above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from 2-6101. Paragraph I. Sinking funds for bonds.--All amounts collected from any source for the purpose of paying the principal and interest 33 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-6205 of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking- fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, and in bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government, and no other. Any person or persons violating the above provisions, shall be guilty of malpractice in office and shall also be guilty of misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly, shall make other provisions for the violation of the terms of this paragraph. Section IX. Chapter 2-62. Appropriation Control. 2-6201. Paragraph I. Preparation, submission and enactments of General Appropriations Bill.--(a) The Governor shall submit to the General Assembly within five days after its convening in January, 1963, and every two years thereafter, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for each of the next two ensuing fiscal years. (b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of Julv of each year and terminate on the 30th of June following. (c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State. 2-6202. Paragraph II. General Appropriation Act.--(a) Each General Appropriation Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III [section 2-6203] of this Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved. (c) All appropriated tunds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. (d) All Federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant, (e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article VII, Section VI, Paragraph I [section 2-5901] (a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15 per cent, of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preoeding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to its adoption or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract. 2-6203. Paragraph III. Other or supplementary appropriations.--In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor. 2-6204. Paragraph IV. Appropriation to be for specific sums.--(a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof. (b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Acts passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor. The provisions of this amendment shall become effective July 1, 1961. 2-6205. Paragraph V. Appropriations void, when.--Any appropriation made in conflict with either of the foregoing provisions shall be void. 2-6301 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 34 Section X. Chapter 2-63. Existing Amendments to Constitution. 2-6301. Paragraph I. Existing amendments continued of force.- Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the State, of this Constitution, shall continue of full force and effect after the ratification of this Constitution, where such amendments are of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this State. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable to counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than a number stated in such amendment, and amendments applicable to cities lying in two counties, where such amendments are in force and effect at the time of the ratification of this Constitution. Provided the amendment of Paragraph I of Section II of Article XI of the Constitution of 1877 proposed by Georgia Laws 1943, page 53 and ratified August 3, 1943, authorizing election by the people of the County Board of Education of Spalding County; prescribing rules of eligibility of members of the Board; providing for election by the Board of the County Superintendent of Schools shall not be continued of force. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. Section III. Chapter 2-66. State School Superintendent. 2-6601. (6577) Paragraph I. Election; term of office; qualifications; compensation.--There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. Article VIII. Education. Section IV. Chapter 2-67. University of Georgia. 2-6701. Paragraph I. Board of Regents oi tne University System.-- '* There shall be a Board of Regents of the University System of Georgia, Section 1. and the government, control, and management of the University Sys- Chapter 2-64. Common Schools. tem of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said 2-6401. (6576) Paragraph I. System of common schools; free tuition; Board of Regents of the University System of Georgia shall consist separation of races.--The provision of an adequate education for the of one member from each Congressional District in the State, and five citizens shall be a primary obligation of the State of Georgia, the additional members from the State-at-large, appointed by the Governor expense of which shall be provided for by taxation. Separate schools and confirmed by the Senate. The Governor shall not be a member of shall be provided for the white and colored races. the said Board. The first Board of Regents under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter all succeeding appointments Section II. shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall Chapter 2-65. State Board of Education. be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from 2-6501. Paragraph I. Appointment; personal; terms of office; vacan- any other cause other than the expiration of such member's term of cies; eligibility; powers and duties.--There shall be a State Board of office, the Board shall by secret ballot elect his successor, who shall Education, composed of one member from each Congressional District hold office until the end of the next session of the General Assembly, in the State, who shall be appointed by the Governor, by and with the or if the General Assembly be then in session to the end of that session. advice and consent of the Senate. The Governor shall not be a member During such session of the General Assembly the Governor shall appoint of the State Board of Education. The first State Board of Education the successor member of the Board for the unexpired term and shall under this Constitution shall consist of those in office at the time this submit his name to the Senate for confirmation. All members of the % Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall expiration of the previous term. Vacancies upon said Board caused have the powers and duties as provided by law existing at the time of by expiration of term of office shall be similarly filled by appointment the adoption of this Constitution, together with such further powers and confirmation. In case of a vacancy on said Board by death, resig- and duties as may be hereafter provided by law. nation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session Section V. to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board Chapter 2-68. County System of Public Schools. for the 'unexpired term and shall submit his name to the Senate for 2-6801. Paragraph I. Establishment and maintenance; board of edu- confirmation. All members of the Board shall hold office until their cation; election, term, etc.--Authority is granted to counties to establish successors are appoihted and qualified. The members of the State Board and maintain public schools within their limits. Each county, exclusive of Education shall be citizens of this State who shall have resided in of any independent school system now in existence in a county, shall Georgia continuously for at least five years preceding their appointment. compose one school district and shall be confined to the control and 35 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-7401 management of a County Board of Education. The Grand Jury of each county shall select from the citizens of their respective counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such county shall be selected from that portion of the county not embraced within the territory of an independent school district. The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees. 2-6802. Paragraph II. Boards of education; change by referendum.-- Notwithstanding provisions contained in Article VIII, Section V, Paragraph I [ 2-6801] of this Constitution, or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on said boards, may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law. Section VI. Chapter 2-69. County School Superintendent. 2-6901. Paragraph I. Election; term; qualifications; salary.--There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. 2-6902. Paragraph II. County school superintendents; change by referendum.--Notwithstanding provisions contained in Article VIII. Section VI, Paragraph I [ 2-6901] of this Constitution, or in any local constitutional amendment applicable to any county school superintendent, the term of office of county school superintendents, their residence requirements and the method of their election or appointment may hereafter be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County school superintendents shall have such qualifications, powers, duties and compensation as may be provided bylaw. Section VII. Chapter 2-70. Independent School Systems. 2-7001. Paragraph I. Maintenance of existing systems; new systems prohibited.--Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Section VIII. Chapter 2-71. Meetings of Boards of Education. 2-7101. Paragraph I. Meetings open to the public.--All official meetings of County Boards of Education shall be open to the public. Section IX. Chapter 2-72. Contracts for Care of Pupils. 2-7201. Paragraph I. Area school districts; area boards of education; area school superintendents.--The boards, of education of any two or more counties, or independent school systems, or any combination thereof, may, by special or local* law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51 per cent, of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties, and further qualifications as provided by law. 2-7202. Paragraph II. Power of boards to contract with each other. Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform. Section X. Chapter 2-73. Protection of Certain School Systems. 2-7301. (6580) Paragraph I. Systems established prior to Constitution of 1877.--Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution. Section XI. Chapter 2-74. Grants, Bequests, and Donations. 2-7401. (6581) Paragraph I. State Board of Education and Regents of University System.--The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations i4 % \ 2-7402 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 36 and grants of land, or other property, for the use of their respective systems of education. 2-7402. Paragraph II. County boards of education and independent school systems.--County Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. 2-7503. Paragraph II. Freedom from compulsory association.--Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia. Section XII. Chapter 2-75. Educational Tax. 2-7501. (6579) Paragraph I. Local taxation for education.--The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than 20 mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The independent school system of Chatham county and the city of Savannah being co-extensive with said county, the lew of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an area board of education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than 20 mills per Hollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes. 2-7501.1. Paragraph II. Increasing or removing tax rate.--The 20-mill limitation provided in Paragraph I [ 2-7501] above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within 10 days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than 20 nor more than 30 days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the (ieneral Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be. to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case mav be. Section XIII. 2-7502. Paragraph I. Grants for education.--Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the Article IX. Homesteads and Exemption*. Section I. Chapter 2-76. Homestead. 2-7601. (6582) Paragraph I. Amount of homestead and exemptions.-- There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. 2-7602. Paragraph II. Homestead and exemption laws continued.-- The laws now of force with respect to homestead and exemptions shall remain in full force until changed by law. Article X. Militia. Section I. Chapter 2-77. Militia and Volunteers. 2-7701. (6591) Paragraph I. Organization of militia.--A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped ; and of whom it shall consist. 2-7702. (6592) Paragraph II. Formation of volunteer companies.-- The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same. 2-7703. (6593) Paragraph III. Pay of militia and volunteers.--The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State. 2-7704. Paragraph IV. Discipline of the Militia.--When not in Federal service the discipline of members of the Militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia. 37 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-7902 Article XI. Counties and Municipal Corporations. Section I. Chapter 2-78. Counties. 2-7801. (6594) Paragraph I. Counties as corporate bodies; boundaries. --Each county shall be a body corporate with such powers and limitations as may be prescribed b*y law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided. 2-7802. (6595) Paragraph II. Number limited.--There shall not be more than one hundred and fifty-nine counties in this State. New Counties Added by Constitutional Amendments Since 1905. Name Ben Hill Bleckley Proposed by Acts 1906, p. 28. Acts 1912, p. 38. Date Ratified. Nov. 6, 1906. Oct. 2, 1912. Wheeler Rarrow Candler Bacon Evans Atkinson Treutlen Cook Lanier Rrantley Lamar Long Seminole Peach Acts 1912, p. 41. Acts 1914, p. 27. Acts 1914, p. 29. Acts 1914, p. 23. Acts 1916, p. 17. Acts 1914, p. 33. Acts 1917, p. 41. Acts 1918, p. 106. Acts 1917, p. 44. Acts 1918, p. 102. Acts 1921, p. 88. Acts 1919, p. 68. Acts 1920. p. 19. Acts 1920, p. 45. Acts 1920, p. 34. Acts 1920, p. 38. Acts 1920. p. 48. Acts 1920. p. 52. Acts 1924, p. 39. Nov. 5, 1912. Nov. 3, 1914. Nov. 3, 1914. Nov. 3, 1914. Nov. 7, 1916. Nov. 3, 1914. Nov. 5, 1918. Nov. 5, 1918. Nov. 5, 1918. Nov. 2, 1920. Nov. 2, 1920. Nov. 2, 1920. Nov. 2, 1920. Nov. 2, 1920. Nov. 2, 1920. Nov. 2, 1920. Nov. 4, 1924. 2-7803. Paragraph III. New counties permitted, when.--No new county shall be created except by the consolidation or merger of existing counties. 2-7804. Paragraph IV. Consolidation of counties; method.--The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than 20 per cent, of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than 20 per cent, of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such, counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than 60 days, and not sooner than 30 days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any 12-month period. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51 per cent, of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the session of the General Assembly next following such election, the county site shall be changed by law. without regard to the provisions of Paragraph IX [ 2-78091 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law. 2-7805. (6598) Paragraph V. Dissolution of counties; method.--(For text, see Acts 1945. pp. 8, 83. Repeal proposed by Acts 1963, p. 667. Ratified, Nov. 3, 1964.) 2-7806. (6600) Paragraph VI. County governments uniform; exceptions.--Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that-the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector in the office of Tax Commissioner, and may fix his compensation, without respect to uniformity. 2-7807. Paragraph VII. Consolidation of governments; submission to voters.--The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. 2-7808. (6596) Paragraph VIII. County lines.--County lines shall not be changed, unless under the operation of a general law for that purpose. 2-7809. (6597) Paragraph IX. County sites changed; method.--No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly. Sction II. Chapter 2-79. County Officers. 2-7901. (6599) Paragraph I. Election; term; removal; eligibility.-- The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office ; and no person shall be eligible for any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter. 2-7902. Paragraph II. Compensation.--County officers may be on a 2-8001 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 38 fee basis, salary basis, or fee basis supplemented by salary, in such The Governor, the Attorney General, and the Secretary of State shall manner as may be directed by law. meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amend- ment is general, it shall be published, as provided by law, in full, once Article XII. each week for three consecutive weeks immediately preceding the date Laws of General Operation of Force in State. of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each congressional district of the State. If such proposed amendment is not general, it shall be pub- Section I. lished, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such Chapter 2-80. Laws of Force. proposed amendment is to be submitted, in one newspaper of general 2-8001. (6602) Paragraph I. Supreme law.--The laws of general operation in this State are, first: As the Supreme Law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States. circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments. 2-8002. (6603) Paragraph II. Second in authority.--Second: As next Any proposed amendment which is general or a proposal for a new in authority thereto: This Constitution. Constitution shall be submitted to the people of the entire State at the ye 2-8003. (6604) Paragraph III. Third in authority.--Third: In sub- next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members ordination to the foregoing: All laws now of force in this State, not of the General Assembly voting thereon, such amendment shall be- inconsistent with this Constitution shall remain of force until the same come a part of this Constitution or shall become the new Constitution, are modified or repealed by the General Assembly. as the case may be. A proposed amendment which is not general shall 2-8004 (6605) Paragraph IV. Local and private acts.--Local and be submitted at the next general election which is held in the even- private acts passed for the benefit of counties, cities, towns, corpora- numbered years, but shall only be submitted to the people of the tions and private persons, not inconsistent with the Supreme Law, nor political subdivision or subdivisions directly affected. The votes of with this Constitution and which have not expired nor been repealed, the electors in each political subdivision affected shall be counted shall have the force of Statute Law, subject to judicial decision as to separately in determining whether such proposed amendment is ratified, their validity when passed, and to any limitations imposed by their and it must be ratified by a majority of the electors qualified to vote for own terms. members of the General Assembly voting thereon in each such politi- % cal subdivision before it shall become a part of this Constitution. The 2-8005. (6607) Paragraph V. Proceedings of courts confirmed.--All General Assembly, in the Resolution, shall state the language to be judgments, decrees, orders, and other proceedings, of the several courts used in submitting the proposed amendment or proposal for a new of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal conformity with the law of force when they were made. for a new Constitution. 2-8006. (6608) Paragraph VI. Existing officers.--The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution. Article XIII. Amendments to the Constitution. 2-8102. (6611) Paragraph II. Convention, how called.--No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. Section I. Chapter 2-81. Constitution Amended, How. 2-8103. Paragraph III. Veto not permitted.--The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. % 2-8101. (6610) Paragraph I. Proposals to amend the Constitution; new Constitution: submission to people.--A new Constitution may be proposed by the General Assembly or by a constitutional convention. Article XIV. The proposal by the General Assembly to provide for a new Constitu- Merit System. tion or to amend this Constitution shall originate as a Resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the journals Section I. of each branch with the "Ayes" and "Nays" taken thereon. Any proposal Chapter 2-82. State Personnel Board; Retirement System. to amend this Constitution or any proposal for a new Constitution may 2-8201. Paragraph I. State Personnel Board; appointment, terms, etc. be amended or repealed by the same General Assembly which adopted --A non-salaried State Personnel Board comprised of three citizens of such proposal by the affirmative vote of two-thirds of the members this State, of known interest in the improvement of public administra- elected to each branch of the General Assembly in a roll call vote entered tion, shall administer a State Merit System under which State personnel on their respective journals, if such action is taken at least two months shall be selected on a basis of merit, fitness, and efficiency according prior to the date of the election at which such proposal is to be sub- to law. The members of the State Personnel Board shall be appointed mitted. by the Governor with the advice of the Senate. The first members 39 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 2-8402 shall be appointed for terms of three, five and seven years, respectively, the terms to be designated by the Governor. All subsequent appointments shall be for a period of seven years, except unexpired terms. No State official or employee shall be a member of the State Personnel Board. 2-8202. Paragraph II. Retirement system; appropriation.--The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system. Adequate appropriations shall be provided for the operation of a merit system and the State Personnel Board. Article XV. Home Rule. Section I. Chapter 2-83. Uniform Systems of County and Municipal Government. 2-8301. Paragraph I. Duty of General Assembly to provide for uniform systems.--The General Assembly is authorized to provide by law lor the self-government of municipalities and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining to municipalities. Section II. Chapter 2-84. Ratification of Amendment to Constitution. 2-8401. Method of submission.--When this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted .to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in August, 1945, as provided by law. Those voting in favor of the ratification, of the amendment herein proposed shall have written or printed on their ballots the words "for the amendment revising the Constitution." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amendment revising the Constitution." If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitution of 1877 as the revised Constitution of Georgia. Section II-A. 2-8402. Paragraph I. Home rule for counties.--(a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under subparagraph (c) hereof. (b) Except as provided in subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local Acts applicable to its governing authority by following either of the procedures hereinafter set forth : 1. Such local Acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The clerk of the superior court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2 of this subparagraph or to change or repeal a local Act of the General Assembly ratified in a referendum by the electors of such county unless at least 12 months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. 2. Amendments to or repeals of such local Acts or ordinances, resolutions or regulations adopted pursuant to subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing, in cases of counties with a population of 5,000 or less, the signatures of at least 25 per cent, of the electors registered to vote in the last general election ; in cases of counties with a population of more than 5,000 but not more than 50,000, at least 20 per cent, of the electors registered to vote in the last general election ; and in cases of a county with a population of more than 50,000, at least 10 per cent, of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of such petition within 60 days of its being filed with the ordinary. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than 10 nor more than 60 days after the date of the filing of the petition. He shall set the date of such election for a day not less than 60 nor more than 90 days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. The ordinary shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph 4 of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event that the ordinary determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid : Provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid. (c) The power granted to counties in subparagraphs (a) and (bl above shall not be construed to extend to the following matters or any If?' 2-8403 CONSTITUTION OF THE STATE OF GEORGIA OF 1945. 40 other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local Acts of the General Assembly to the extent that the enactment of such local Acts is otherwise permitted under this Constitution : 1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority. 2. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation bevond that authorized by law or by this Constitution. 5. Action expending the power of regulation over any business activity regulated by the Public Service Commission bevond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (d) The power granted in subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraphs 2 and 3 [ 2-8403, 2-8404] of this Section. 2-8403. Paragraph IT. Salary of county employees; how fixed.---The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees. 2-8404. Paragraph III. County planning and zoning.--The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with.any combination of other counties and municipalities of this State and adjoining States. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission. 2-8405. Paragraph IV. Filing and publication of laws.--No amendment or revision of any local Act made pursuant to Paragraph I of this Section [ 2-8402] shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually. 2-8406. Paragraph V. Cumulative effect of home rule amendment. The powers granted by this amendment [ 2-8402 through 2-8406] shall be cumulative of all powers heretofore granted to counties by the Constitution of Georgia of 1945 and amendments thereto and this amendment shall not operate to repeal any existing local constitutional amendments. Article XVI. Slum Clearance. Chapter 2-85. In General. 2-8501. Authority, of cities, counties, and housing authorities to do slum clearance and redevelopment work.--The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Article XVII. Public Transportation of Passengers for Hire. Section I. Chapter 2-86. Public Transportation of Passengers for Hire in the Metropolitan Area of Atlanta. 2-8601. Paragraph I. Metropolitan transportation recognized as governmental function.--The acquisition, establishment, operation or administration of a system of public transportation of passengers for hire within metropolitan area of the city of Atlanta and the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of said counties and municipality expended. 2-8602. Paragraph II. Power of General Assembly to create public corporation or Authority; financing; eminent domain.--The General Assembly may create a public corporation or Authority as an instrumentality of the city of Atlanta and the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, or any one or any combination thereof, to perform the aforesaid function, to have the power of eminent domain, the power to borrow money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient for the accomplishment of the aforesaid function and purpose. 2-8603. Paragraph III. Tax exemptions.--The General Assembly may provide that such public corporation or Authority, as an instrumentality of the participating counties and municipality, its property, acts, activities, income and obligations and the interest thereon, shall be exempt from any tax obligations and from regulation by any agency or commission of the State. 2-8604. Paragraph IV. Power of municipalities and counties to contract with public corporation or Authority; levy of taxes.--The General Assembly may authorize the city of Atlanta, and the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to contract with such public corporation or Authority for the performance of the aforesaid function and purpose; to pay for the public transportation services and facilities contracted for, including the payment of the principal and interest on any obligations issued by such public corporation or Authority in order to acquire the necessary facilities and property therefor and in connection therewith to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts ; and to convey to such public corporation or Authority property or facilities, or render services, which may be useful to the establishment, operation or administration of a public transportation system within the aforesaid metropolitan area; provided that no county shall have the power to levy any tax on any subject of taxation situated within the territorial limits of any incorporated municipality which has a contract with said public corporation or authority and is itself levying a tax for that purpose. 2-8605. Paragraph V. Construction of Article; statutory enactments. ---The provisions of this Article shall be liberally construed to effectuate its purpose and shall not be limited or restricted by any existing provision of or amendment to this Constitution, or any general or special law heretofore enacted, and the authority granted by this Article to the General Assembly may be exercised by general, special or local laws without regard to uniformity. 535 EDUCATION. 32-114 TITLE 32. EDUCATION. PART I. BOARD OF REGENTS AND THE UNIVERSITY SYSTEM. CHAPTER 32-1. IN GENERAL. 32-101. Creation of Board of Regents. Corporate name of trustees of University of Georgia changed.--There is hereby constituted a department of the State Government of Georgia, to be known as the "Board of Regents of the University System of Georgia." The name of the corporation heretofore established and existing under the name and style, "Trustees of the University of Georgia," is hereby changed to "Regents of the University System of Georgia." (Acts 1931, pp. 7,20.) 32-102. University system.--The University System of Georgia shall consist of the University of Georgia and all of its branches. (Acts 1931, pp. 7, 20.) 32-103. (1397) Branches of the university.--(Based upon Acts 1931, pp. 7, 20. Superseded by section 32-134.1 32-104. Board of Regents; how constituted; powers.--The Board of Regents, hereby created, shall be composed of one member from each congressional district in the State, and five additional members from the State at large, who shall be appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The said Board of Regents of the University System of Georgia provided for by this Chapter shall have the powers and duties now provided by law for the Board of Regents of the University System of Georgia, and such as may be hereafter provided; and shall be subject to all provisions of law with respect to the Board of Regents of the University System of Georgia not inconsistent with this Chapter. (Acts 1931, pp. 7, 21; 1937, pp. 526, 527; 1943, pp. 670, 671.) 32-105. Terms of members of board.--The first Board of Regents of the University System of Georgia appointed hereunder shall hold office as follows: Two for one year; two for two years; two for three years; two for four years; two for five years; two for six years ; and three for seven years. All of the said terms shall date from January 1, 1943. The Governor in making said appointments shall designate the holders of the respective terms. Successors to the persons so appointed shall hold terms of office of seven years from the expiration of the previous term. (Acts 1931, pp. 7. 22; 1937, p. 526 1943, pp. 670, 672.) 32-106. Vacancies in office; members to hold office until successors appointed.--In case of a vacancy on said board, by death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that _ession. During such session of the General Assembly the Governor shall appoint the successor member of the board for the unexpired term and submit his name to the Senate for confirmation. All members of the Board of Regents of the University System of Georgia shall hold office until their successors are appointed. (Acts 1931, pp. 7, 22; 1943, pp. 670, 672.). 32-107. Chairman.--The Board of Regents shall elect one of their members chairman. (Acts 1931, pp. 7, 22.) 32-108. Secretary; duties, salary and bond.--The Board of Regents shall elect a secretary, not a member thereof, for such term and salary as it may fix, except that his salary shall not exceed $5,000 per annum. The secretary shall maintain his office in the State Capital and shall devote to the board his entire time. He shall give good and sufficient bond payable to the Governor of this State for the faithful performance of his duties and for the faithful accounting for all funds coming into his hands as such secretary. The surety on such bond shall be a surety company duly qualified to do business in this State. The board may pay out of funds coming into iiS hands premiums for such bond. (Acts 1931, pp. 7, 22.) 32-109. Meetings of board; duty to attend; effect of absence.--It shall be the duty of the members, of the Board of Regents to attend the meetings of the board so as to take part in its deliberations. The office of any member of the board shall be vacated if he neglects to furnish a good and satisfactory excuse in writing to the board for absence from two consecutive meetings of the board. If any member, for any cause, fails to attend three successive meetings of the board, without good and valid cause or excuse and/or without leave of absence from the chairman, or, if the chairman for any cause cannot act, from the vice chairman of said board, his office shall be declared vacant by the board, and the secretary shall in either event notify the Governor of a vacancy in the board, and the Governor shall fill the same as provided by this Chapter. (Acts 1931, pp. 7, 23.) 32-110. Visits, inspection, reports.--The board, through committees of not less than two of its members, shall make at least one annual visit and inspection of each of the institutions in the university system, and report their visit and inspection to the board. (Acts 1931, pp. 7, 24.) 32-111. Per diem of members. No compensation..--The members of the board shall receive no salary, but shall receive the sum of $20 per day for each day of actual attendance at meetings of the board or on tours of inspection, in addition to actual expenses incurred in connection therewith, and actual cost of transportation to and from the place of meeting or place of visits or inspections of the respective institutions by the nearest practical route from their respective homes. The sums, expenses and costs are to be paid from funds appropriated to or otherwise available to the Board of Regents of the University System of Georgia on presentation of vouchers by said members of the board approved by the chairman and signed by the executive secretary. No member shall be authorized to receive the sums, expenses and costs provided in this section for more than 30 days per year. (Acts 1931, pp. 7, 24; 1964, p. 454.) 32-112. Powers of Board of Regents as to university.--The powers, rights, privileges and duties originally conferred upon and exercised by the Board of Trustees of the University of Georgia are vested in the Board of Regents; and all laws pertaining to the powers and/or duties of the Board of Trustees of the University of Georgia are applicable to the Board of Regents as successors to said board of trustees. (Acts 1931, pp. 7, 25.) 32-113. Government of University of Georgia.--The management and government of the University of Georgia and all of its branches named in section 32-103 are vested in the Board of Regents. (Acts 1931, pp. 7, 21.) ' 32-114. Laws as to university and branches still in force.--All Acts of the General Assembly relative to the University of Georgia and to each of the institutions named in section 32-103 in force at the time of the adoption of this law, if not embraced herein and not inconsistent with what is so embraced, are still of force and effect. (Acts 1931, pp. 7, 25, 28.) i4 % \i 32-115 EDUCATION. 536 32-115. Government of branches vested in Board of Regents.--The government, control, and management of each of the institutions named in section 32-103 are hereby vested in the Board of Regents. (Acts 1931, pp. 7, 26.) 32-116. Allocation of funds by Board of Regents.--All appropriations already made or hereafter made for the use of any or all institutions in the university system shall be paid to the Regents in a lump sum, with the power and authority in said Regents to allocate and/or distribute the same among the institutions under their control in such way and manner, and in such amount or amounts, as will further an efficient and economical administration of the university system. (Acts 1933, p. 61.) 32-117. Use of funds of particular institution.--When moneys or properties are appropriated by the legislature or received from any other source by the Board of Regents for the use and benefit of any particular institution, the said board, unless directed otherwise by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated. (Acts 1931, pp. 7, 26.) 32-118. Trust funds or other property of particular branch.--Any trust fund or property, real, personal, or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit or behoof of any such institution, shall not lapse by virtue of any of the provisions of this Chapter, but the same shall remain valid and of full force and effect, and such beneficial interest under any such deed of gift or will or other conveyance shall vest in said Board of Regents as trustee to and for the use, benefit, and behoof of the institution intended to be benefited by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no trustee shall in any contingency exist, said Board of Regents shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance. (Acts 1931, pp. 7,21.) 32-119. Title of property of branches vested in Board of Regents.-- Title to all real, personal, and mixed property of whatever nature of each of the institutions named in section 32-103 is vested in the Board of Regents, to be held by said board in trust for the benefit and use of the institutions entitled thereto, it being the purpose and intent of the General Assembly that the Board of Regents shall hold title to the property or assets of each institution, so that each institution shall receive the use and benefit of the property devoted to its use, and in no event shall the property or assets of one institution be subject to the liabilities or obligations of any other institution: Provided, however, that this restriction shall not prevent the Board of Regents from utilizing the facilities, educational or otherwise, of one school for the advancement or assistance of another. (Acts 1931, pp. 7, 26.) 32-120. (1393) Campus grounds not subject to alienation.--There is reserved and set apart for the University of Georgia campus, not subject to alienation, 37 acres of the track of land donated to the university by former Governor John Milledge. 32-121. General powers of board.--The Board of Regents shall have power: 1, to make such reasonable rules and regulations as are necessary for the performance of its duties; 2, to elect or appoint professors, educators, stewards, or any other officers necessary for all of the schools in the university system, as may be authorized by the General Assembly, to discontinue or remove them as the good of the system or any of its schools or institutions or stations may require, and to fix their com- pensations ; 3, to establish all such schools of learning or art as may be useful to the State, and to organize the same in the way most likely to attain the ends desired; 4, to exercise any power usually granted to such corporation, necessary to its usefulness, which is not in conflict with the Constitution and laws of this State. (Acts 1931, pp. 7,24.) 32-122. (1388) No exclusion for religious views.--No person of any religious denomination shall be excluded from equal advantages of education and the immunities of the University of Georgia on account of his speculative sentiments in religion, or being of a different religious profession from that of the trustees or faculty. (Acts 1877, p. 17.) 32-123. (1398) Females admitted to branch colleges.--All the branch colleges of the University of Georgia, now or hereafter established, except the Georgia School of Technology at Atlanta and the colleges for Negroes, shall be open to all white female students of proper age and qualifications, with equal rights and privileges as those exercised and enjoyed by the male students of such institutions, under such rules and regulations as may be prescribed by the Board of Regents. (Acts 1889, p. 123; 1931, pp. 7, 20.) 32-124. Authority of Regents to consolidate or discontinue institutions, etc.--The Regents of the University System are authorized and impowered to consolidate, suspend, and/or discontinue institutions, merge departments, inaugurate or discontinue courses, and abolish or add degrees. (Acts 1933, p. 62.) 32-125. Regents' authority to readjust budgets.--Whenever any such modifications, changes, consolidations, or suspensions are put into effect, the Regents are authorized and impowered to readjust budgets to the extent necessary by the reallocation of the moneys appropriated for the institutions affected. (Acts 1933, p. 62.) 32-126. Power to rename institutions.--Where similarity in names among the several institutions gives rise to confusion, the Regents may rename the same. (Acts 1933, p. 62.) 32-127. Authority to establish regulations. Regents vested with powers, etc., of former boards.--The Board of Regents may establish such rules and regulations for their own direction, as they may deem proper; may fix the term of office of their chairman, their vice chairman, and their secretary, and are vested with all of the powers, privileges, and rights vested in former boards of trustees of the University of Georgia, and all former boards of trustees or directors of its branches, named in section 32-103; and they are charged with all of the duties, obligations, and responsibilities incumbent upon and/or pertaining to said former boards. (Acts 1931, pp. 7, 23.) 32-128. Powers, etc., of boards of trustees of branches vested in Board of Regents.--All of the powers, duties, privileges, and rights heretofore by law vested in boards of trustees or directors of the various institutions named in section 32-103 are hereby vested in the Board of Regents, and all laws now existing pertaining to the powers or duties of said separate boards of trustees or directors shall be applicable to the Board of Regents as successors to each of said separate boards of trustees, except where repealed herein expressly or by implication. (Acts 1931, pp. 7,26.) 32-129. Reports to Governor.--The Regents shall submit to the Governor annually reports of their transactions, together with such information as it is necessary to show the condition of the university system, with such suggestions as it may deem conducive to the good of said system, and the cause of education. (Acts 1931, pp. 7, 24.) 537 EDUCATION. 32-142 32-130. (1390) Chancellor of university may appear before General Assembly.--The chancellor of the university may appear before the General Assembly once at each session and address them in person on the condition, interests, and wants of the university. 32-131. Fiscal year.--The fiscal year of Regents and all of the institutions in the university system shall be from September 1 in each year through August 31 in the following year. (Acts 1933, p. 63; 1935, p. 169.) 32-132. Use of unexpended appropriations. Bond of official receiving funds.--The State Treasurer is hereby directed, out of any unexpended appropriation to the University of Georgia and any of its branches, to pay to the Board of Regents thereof, at periods and times now provided by law, such sums as may be requisitioned by said board and as may be approved by the Governor, upon warrants of the Governor, to and for the use of said University of Georgia and/or any of its branches or any or each of them, respectively. All money or sums of money payable under the provisions of this section to said Board of Regents shall be paid to an official elected or appointed by said board, which official shall, on or before entering upon the discharge of his duties, give good and solvent bond with a surety company qualified to do business in this State, as surety for the faithful performance of his duties and faithful accounting for all moneys coming into his hands as such official, which bond shall be payable to the Governor and his successor in office, the premium for which may be paid out of funds lawfully coming into the hands of said board. The Board of Regents, however, in their discretion, may authorize the local treasurer of any of the educational institutions to retain such fees and matriculation fees as they deem proper to facilitate the prompt payment of incidental expenses of said institution, strict account being made to the Board of Regents as to all such receipts and expenditures. (Acts 1931, pp. 7, 27.) 32-133. Expenses of Board of Regents.--The expense of the Board of Regents, other than that of the institutions under its control, shall be met out of a separate appropriation enacted for its maintenance and support. (Acts 1931, pp. 7, 31.) 1935, bonds shall be issued as provided in section 32-134 and shall bear date of July 1, 1935. (Acts 1935, p. 170.) 32-137. Redemption of other bonds.--For the redemption of any valid matured bond of this State presented as the property of the University System of Georgia, bonds may be issued at the option of the Regents as provided in section 32-134: Provided, however, that the provisions of this section shall not be operative in any year until the constitutional sinking fund redemptions have been made for that year. (Acts 1935, p. 170.) 32-137.1. Redemption of bonds held under section 32-135.--The Governor and the State Treasurer are authorized and directed to redeem State five per cent, nonnegotiable obligations in the form of bonds in the amount of $242,202.17, known as the landscrip fund, held by the Regents of the University System under section 32-135. (Acts 1945, p. 348.) 32-137.2. Reinvestment of landscrip funds.--The Regents of the University System are authorized and requested to reinvest the landscrip fund in safe bonds which shall yield a fair and reasonable rate of return as provided in Section 4 of an Act of Congress approved April 13, 1926, amending Section 4 of an Act of Congress approved July 2, 1862 (7 U.S.C.A., 304), providing for the investment by State legislatures of the landscrip funds. (Acts 1945, pp. 348, 349.) Editorial Note.-- Section 3 of the Act of 1945 repeals the part of Section 1 of the Act of December 12, 1866, providing for the investment of the landscrip fund "in the bonds of this State," and also repeals Acts 1935, p. 170 ( 32-135) insofar as that Act provides that the rate of interest on the State obligations in which the landscrip fund is invested shall be five per cent, per annum. 32-138. Regents declared governmental agency holding State property; Regents State officers.--(Based upon Acts 1935, pp. 171, 172. Repealed by Acts 1946, p. 218.) 32-139. Donations, gifts, bequests not affected.--(Based upon Acts 1935, pp. 171, 172. Repealed by Acts 1946, p. 218.) 32-134. Bonds to be issued to Regents in redemption of obligations.-- The Governor and the State Treasurer are authorized and directed to issue to the Regents of the University System of Georgia the State's obligation in the form of nonnegotiable bonds to become due 50 years from the date of issue and bearing interest at the rate of 4J4 per cent, per annum (except as provided in section 32-135) payable semiannually on the 1st days of January and July of each year in redemption of obligations of the State as hereinafter provided. (Acts 1935, p. 170.) 32-135. Redemption of landscrip fund obligation.--For the redemption of the landscrip fund State seven per cent, obligation to the University System of Georgia of $242,202.17, bonds shall be issued as provided in section 32-134 except that the rate of interest shall be five per cent, per annum as provided in the Act approved December 12, 1866, entitled: "An Act to provide a college for the benefit of agriculture and mechanic arts in the State of Georgia." The bonds to be issued under this section shall be dated July 1, 1935. (Acts 1935, p. 170.) Editorial Note.-- As to probable repeal of this section, see 32-137.2 and Editorial Note thereunder. 32-136. Redemption of bonds due in 1935.--For the redemption of State seven per cent, nonnegotiable bonds due the University System to Georgia in the amount of $99,000 now due or becoming due in the year 32-140. Tuition, fees and other revenues, how handled.--(Based upon Acts 1935, pp. 171, 172. Repealed by Acts 1946, p. 218.) 32-141. Sale, etc., of property of university system, when authorized.-- All properties owned or held by the Regents of the University System of Georgia pursuant to this Title, which in section 32-139 are declared to be the public property of the State, may be sold, leased, or otherwise disposed of by the said Regents subject to the approval of the Governor, whenever the Board of Regents may deem such sale, lease, or other disposition to the best interests of the university system: Provided, that the Board of Regents shall first determine that such property can no longer be advantageously used in the university system: Provided, further, that where any such property has been granted or conveyed to the university system or Regents of the University System, or any institution embraced within the university 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. (Acts 1935, p. 168.) 32-142. Conveyances, how executed.--In case of any sale, lease, or disposition of any such property, the Regents of the University System of Georgia through its proper officers and the Governor on behalf of the State shall execute and deliver such written evidence of title or of the creation of a leasehold interest as may be necessary. (Acts 1935, p. 168.) 32-143 EDUCATION 538 32-143. Use of proceeds.--The proceeds arising from any such sale or 32-148. Same; how financed.--The budget authorities of the State of lease of any such property shall be used for the support of the university system and its branches or for the payment of any debts thereo Georgia are hereby authorized to make an allocation to the Regents of the University System of Georgia from the State emergency fund to as the Regents may determine. (Acts 1935, p. 168.) finance these scholarships if during the present war [World War II] emergency the financial condition of the State warrants this allocation. 32-144. Investment of trust funds.--It shall be lawful for the Board (Acts 1943, pp. 631,633.) of Regents of the University System of Georgia to invest any trust funds held by said board in real estate and/or in any improvements or buildings which the said board in its discretion may see fit to make or erect thereon: Provided, however, that no money belonging to any trust fund shall be used for such purpose or purposes if such use or uses would be contrary to the specific provisions of the instrument setting up the trust: and Provided, all investments made of trust funds under this section shall in the judgment of the Board of Regents of the University System of Georgia be revenue producing investments wherever the trust funds so invested are of a trust which requires investment to produce revenue. 32-149. Hospital for use by medical school; authority to build, buy, or lease; Eugene Talmadge Memorial Hospital.--The Board of Regents of the University System of Georgia in the exercise of its public and governmental functions shall have power and is hereby authorized to lease, buy, build, construct, establish, contract for the use of, maintain and operate a general nonprofit teaching hospital at Augusta, Georgia, which said hospital may be that hospital known as the Eugene Talmadge Memorial Hospital now under construction, to be operated in conjunction with the Medical College of Georgia for the benefit of indigent, near indigent and pay patients, under such rules and regulations as to admin- (Acts 1937, p. 901.) istration, maintenance, charges for services, and general operations as may be prescribed by said board not in conflict with general laws of 32-145. Condemnation of private property.--The Regents of the Uni- Georgia pertaining to fiscal operations of departments and agencies of l versity System of Georgia are hereby authorized to take or damage, by the State. The General Assembly may as a part of the General Appro- condemnation, private property for public purposes of the university priations Act make specific appropriations for the operation and main- system upon paying or tendering to the owner thereof just compensa- tenance of said hospital and any annex or addition thereto independent tion. Condemnation proceedings by the Regents may take the form pro- of and in addition to any appropriation made for the university system vided in Part II of Title 36 or the form provided in Chapter 36-11. If or any other division thereof. any part or application of this section is held unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the (Acts 1945, pp. 453, 454; 1953, Nov. Sess., p. 117.) remainder of this section and it is hereby declared to be the intent of 32-150. Same; funds for construction.--The Board of Regents is au- the General Assembly to pass this section without such invalid part or thorized to use funds from the building trust fund for the construction application. and equipping of such hospital or annex thereto or both, and ?ny other (Acts 1939, p. 411.) money that they may be able to procure from any source. (Acts 1945, pp. 453, 454; 1953, Nov. Sess., pp. 117, 118.) '* 32-146. Medical scholarship for each senatorial district; establishment by Regents, amount, conditions.--The Regents of the University System 32-151. Same; contract with existing hospital.--The Board of Regents of Georgia shall establish a scholarship to the University of Georgia is hereby authorized to contract with any hospital for clinical purposes School of Medicine for each senatorial district in the State. This scholar- and for the training of medical students of the university. ship shall be given each year to some student from the senatorial district unless the Regents or some agency designated by the Regents (Acts 1945, pp. 453, 454.) finds that no applicant in the district is qualified. The scholarship from each district shall be in the amount of $1,000 and shall be used as the Regents shall direct during the four years that the student is enrolled , \ the school of medicine. Each student granted such scholarship shall agree to live and practice medicine for four years after graduation and internship in some county designated by the Board of Regents. The board shall select counties having no resident physician or having an insufficient number of physicians. (Acts 1943, p. 631.) 32-152. Athletic Associations of University of Georgia, Georgia School of Technology and other branches of University System of Georgia declared to be corporations.--The Athletic Associations of the University of Georgia and the Georgia School of Technology and the athletic associations of any other branch of the University System of Georgia are hereby declared to be corporations, incorporated under charter by the superior court of the county in which said associations are located. (Acts 1949, p. 29; 1968, p. 1377.) 32-147. Same; penalty for breach of conditions; repayment on withdrawal, dismissal, or failure of student.--Any person who receives one of these scholarships and wilfully fails within one month of graduation from the University of Georgia School of Medicine to establish residence and begin the practice of medicine in the county designated by the Board of Regents or who fails to remain and continue to practice for at least four years shall forfeit his license to practice medicine unless with the consent of the Regents he repays the $1,000 with interest to the Regents within one month after graduation or after ceasing to live or ceasing to practice in the county: Provided, that this provision shall be suspended as to graduates serving in the armed forces of the United States for the duration of World War II: and Provided, that the graduate in whose favor this provision is suspended shall be obligated to comply with this provision in every respect at the earliest possible date after demobilization. The State Board of Medical Examiners after notice and hearing shall revoke and cancel the license of any person who has received a scholarship and has failed to comply with the condition in the preceding sentence, subject to the exception made therein. The Board of Regents shall prescribe rules for the return of the total amount of the scholarship or any part thereof where a student withdraws, or is dismissed, or otherwise fails to graduate from the University of Georgia School of Medicine. (Acts 1943, pp. 631, 632.) 32-153. Associations as not State agencies; financial operation rules and regulations.--The associations named are hereby declared not to be agencies of the State and not subject to the limitations, restrictions and laws of general application imposed on State agencies by the Constitution of Georgia and the laws enacted by the General Assembly of Georgia in compliance with the Constitution of Georgia, and the associations are authorized under their corporate charter issued by the superior court to make such rules and regulations for the financial operations of the associations as they deem necessary: Provided, however, that this Resolution shall not apply to any tax money appropriated by the State of Georgia. (Acts 1949, p. 29.) 32-154. Audit of accounts of associations not required of State Auditor.--The State Auditor of Georgia is not required to make an audit of the accounts of the associations as is required of him in connection with the financial operations of State agencies (Acts 1949, p. 29.) 32-155. Agreements between State Board of Regents of University System and associations as to use of State property.--Whereas the said 539 EDUCATION. 32-168 associations are hereby authorized to operate as separate corporations and not as a part of the State and/or State Board of Regents of the University System of Georgia, the Board of Regents is hereby authorized and directed to make the necessary agreements for the use by the associations of any property, equipment or facilities belonging to the State and/or the State Board of Regents of the University System of Georgia and to fix the amount of compensation to be charged for use of same. (Acts 1949, p. 29.) 32-156. Junior colleges; titles of law and program.--This law [ 32-156 through 32-164] shall be known as the "Junior College Act of 1958" and the system established by this law shall be known as the "Junior College Program of the State of Georgia." (Acts 1958, pp. 47, 48.) 32-157. Same; definitions.--As used in this law [ 32-156 through 32-164], the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context: (a) "Board of Regents" or "Regents" shall mean the Regents of the University System of Georgia. (b) "Junior college" shall mean a community educational institution constructed and operated by a local operating authority, which shall offer a course of study extending beyond the high school level providing either preparation for further college or terminal education or both: Provided, that an institution which otherwise would fall under this definition shall not be excluded solely because it ofTers courses below a college level if such courses are strictly remedial in nature. (c) "Local operating authority" shall mean any city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877 or any other political subdivision of the State created for college purposes and possessing the power to tax, which shall possess requisite powers under the Constitution and laws of this State to establish a college or any combination of two or more of the above listed political subdivisions which may be authorized under law to utilize the provision of this law. (Acts 1958, pp. 47, 48.) 32-158. Same; taxing power of political subdivisions.--Every city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877 or other political subdivision of the State possessing a power to tax, which shall possess the requisite powers under the Constitution and laws of this State, may either alone or in combination with any other such city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877, or other political subdivision of the State establish, maintain and operate one or more junior colleges under the terms of and subject to the provisions of this law [ 32-156 through 32-164]. (Acts 1958, pp. 47, 49.) 32-159. Same; approval of institutions by Board of Regents; approval of colleges established prior to law.--(Based upon Acts 1958, pp. 47, 49. Repealed by Acts 1964, p. 686.) 32-160. Same; payments to local operating authorities by Board of Regents.--There shall be paid to every local operating authority which shall have established a junior college or colleges under the provisions of this law [ 32-156 through 32-164], and upon which construction has commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the Board of Regents, the sum of $400 per nine-month academic year for each full-time equivalent student as determined by the Board of Regents annually for teaching, instruction and maintenance purposes. (Acts 1958, pp. 47, 49; 1964, pp. 686, 687; 1970, p. 645.) 32-161. Same; policies and standards; withholding payments where standards not met.--The Board of Regents shall adopt rules and regulations fixing policies and standards entitling the local operating authority to receive State aid for the support of junior colleges, and shall have authority to make such inspections and supervision as shall be necessary to insure that such policies and standards are met as prescribed by the Board of Regents. If there has been a failure to comply with such policies and standards by any such junior college, the Board of Regents shall have authority to withhold or terminate the payment of any State funds which would otherwise be due under the terms of this law [ 32-156 through 32-164]. (Acts 1958, pp. 47, 50.) 32-162. Same; restriction on payments by State.--The sum provided for in section 32-160 shall be the only direct financial contribution which the State shall make toward the establishment, maintenance, and operation of any junior college or colleges established under the terms of this law [ 32-156 through 32-164]. (Acts 1958, pp. 47, 50; 1964, pp. 686, 687.) 32-163. Same; transfer of funds by Budget Bureau.--The Budget Bureau is hereby authorized to transfer to the Board of Regents sufficient funds to insure the operation of this law [ 32-156 through 32-164] until such time as provision therefor may be made in the General Appropriations Act. (Acts 1958, pp. 47, 50.) 32-164. Same; condemnation proceedings not affected.--Nothing contained in this law [ 32-156 through 32-164] shall repeal or amend any of the provisions of the law [ 32-951, 32-952] authorizing and impowering county boards of education and certain independent and public school systems to condemn private property for school purposes, and for any public educational program which is now or may be hereafter authorized by law. (Acts 1958, pp. 47, 50; 1964, pp. 686, 687.) 32-165. Closing of institutions or branches under university system by Governor to prevent violence or disorder.--The Governor as the conservator of the peace shall have the authority to close any school or institution, or any branch or department thereof under the control of the Board of Regents of the University System of Georgia, whenever he shall find, of which he shall be the sole judge, that the continued operation of any such school or institution or any branch or department thereof is likely to result in or cause violence or public disorder in the community in which such school is situated, or that it is necessary to preserve the good order, peace and dignity of the State, or any subdivision thereof. (Acts 1959, p. 18.) 32-166. Maximum age limit on applicants for admission to university or its branches.--(Based upon Acts 1959, p. 20. Repealed by Acts 1962, p. 529.) 32-167. Liability insurance for operation of nuclear facilities; waiver of sovereign immunity.--The Board of Regents of the University System of Georgia is hereby authorized to secure liability insurance covering the operation of any nuclear facility established at any school under the control of said board. Said liability insurance shall cover all teachers, instructors, employees, and any other person, firm or corporation performing services incident to said nuclear facility above mentioned. Any such insurance shall contain a provision that the sovereign immunity of the Board of Regents shall not be asserted as a defense by the insurer without the specific prior approval of said board. Such insurance may be in any amount deemed proper by said board, but shall not exceed the sum of $250,000. (Acts 1960, p. 1027.) 32-168. Authority of campus policemen and other security personnel to make arrests on university property.--The campus policemen and other security personnel of the University System of Georgia who are regular employees of the University System of Georgia shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the Board of Regents of the University System of Georgia.' (Acts 1966, p. 370.) 32-101a EDUCATION. 540 CHAPTER 32-1A. GEORGIA EDUCATION incident to the financing herein authorized, the construction of any AUTHORITY (UNIVERSITY). project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation 32-101a. Short title.--This Chapter may be cited as the "Georgia Education Authority (University) Act." or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of (Acts 1949, pp. 1009, 1011; 1967. p. 869.) this Chapter for such project. 32-102a. Creation ; members ; officers; quorum; rules and regulations.-- There is hereby created a body corporate and politic to be known as the Georgia Education Authority (University) 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 seven members, as follows; the Governor, the Attorney General, the State Auditor, the Chairman of the State Board of Education, the Chairman of the Board of Regents of the University System of Georgia, the (e) "Bonds" or "revenue bonds" as used in this Chapter shall mean any bonds issued by the Authority under the provisions of this Chapter, including refunding bonds. (f) Any project or combination of projects shall be deemed "selfliquidating" if, in the judgment of the Authority, the revenues, rents or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (Acts 1949, pp. 1009, 1011; 1964, p. 104; 1967, pp. 869, 870.) State Superintendent of Schools and the Chancellor of the University System of Georgia. 32-104a. Powers.--The Authority shall have power: The Authority shall elect one of its members as chairman and another (1) To have a seal and alter the same at pleasure; as vice chairman and a secretary and treasurer who need not necessarily be a member of the Authority, but who shall be the same as the secretary and treasurer of the Georgia Education Authority (Schools). The majority of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall 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 staff of the Authority shall be the same as the staff of the Georgia Education Authority (Schools). 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 Chapter or impair the obligations of any contracts existing under this Chapter. (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Chapter, except from the funds provided under the authority of this Chapter, and in any proceedings to condemn, such orders may be made by the court (Acts 1949, pp. 1009, 1011; 1959, pp. 30, 31; 1959, p. 362; 1967, pp. 869, having jurisdiction of the suit, action or proceeding as may be just to 870.) the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Chapter upon 32-103a. Definitions.--As used in this Chapter the following words which any lien or other incumbrance exists, unless at the time such and terms shall have the following meanings : (a) The word "Authority" shall mean the Georgia Education Author- property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if ity (University), the same being formerly known as the University Sys- the Authority shall deem it expedient to construct any project on lands i tem Building Authority. All references in this Chapter to "University System Building Authority," "Authority" or "authority" shall be con- which are a part of the campus, grounds, or other real estate holdings of a member unit of the University System of Georgia, the Governor is strued to mean the Georgia Education Authority (University) and such hereby authorized to execute for and on behalf of the State a lease upon change in name of the Authority shall in no way affect the identity of such lands to the Authority for such parcel or parcels as shall be needed the Authority or the rights, powers, privileges or liabilities of the Au- for a period not to exceed 50 years; and if the Authority shall deem it thority or any person under the provisions of this Chapter. expedient to construct any project on any other lands the title to which (b) The word "project" shall be deemed to mean and include one or shall then be in the State of Georgia, the Governor is hereby authorized a combination of two or more of the following: housing accommodations, to convey, for and in behalf of the State, title to such lands to the Author- buildings and facilities intended for use as classrooms, laboratories, li- ity upon payment to the State Treasurer for the credit of the sinking braries, dormitories, and instructional, administrative, and recreational fund of the State of the reasonable value of such lands, such value to be facilities for students, faculty, officers, and employees of any institution determined by three appraisers to be agreed upon by the Governor and or unit under the control of the Board of Regents of the University Sys- the chairman of the Authority; tem of Georgia, and all structures, electric, gas, steam and water utilities (4) To appoint and select officers, agents and employees, including and facilities of every kind and character deemed by the Authority neces- engineering, architectural and construction experts, fiscal agents and sary or convenient for the efficient operation of any unit which is a part attorneys, and fix their compensation; of the University System of Georgia. (5) To make contracts, leases and to execute all instruments neces- (c) The word "unit" shall mean any institution, school, academy, sary or convenient, including contracts for construction of projects and university or experiment station at any particular location which forms leases of projects or contracts with respect to the use of projects which a part of the University System of Georgia. it causes to be erected or acquired, and any and all political subdivisions, (d) The term "cost of the project" shall embrace the cost of construc- departments, institutions or agencies of the State are hereby authorized tion, the cost of all lands, properties, rights, easements and franchises to enter into contracts, leases or agreements with the Authority upon acquired, the cost of all machinery and equipment, financing charges, such terms and for such purposes as they deem advisable; and without interest prior to and during construction, and for one year after comple- limiting the generality of the above, authority is specifically granted to tion of construction, cost of engineering, architectural and legal expenses, the Board of Regents of the University System of Georgia for and on and of plans and specifications, and other expenses necessary or inci- behalf of the units and institutions under its control and to the Authority dent to determining the feasibility or practicability of the project, ad- to enter into contracts and lease agreements for the use of any structure, ministrative expense, and such other expenses as may be necessary or building or facilities or a combination of any two or more structures, 541 EDUCATION. 32-113a buildings or facilities of the Authority for a term not exceeding 50 years, and the Board of Regents of the University System of Georgia for and on behalf of any unit or institution or combination of units or institutions may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself, as part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove denned, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Chapter. (Acts 1949, pp. 1009,1012.) 32-105a. Revenue bonds.--The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be determined by the Authority, payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, except that "University System Building Authority Student Housing Revenue Bonds" may mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be 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. (Acts 1949, pp. 1009, 1015; 1951. pp. 44, 45; 1952, pp. 116, 117; 1960, pp. 887,889; 1962, pp. 37, 38; 1964, pp. 310, 311.) 32-106a. Same; form; denominations; registration; place of payment. --The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (Acts 1949, pp. 1009, 1015.) 32-107a. Same; signatures; seal.--In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (Acts 1949, pp. 1009, 1015.) 32-108a. Same; negotiability; exemption from taxation.--All revenue bonds issued under the provisions of this Chapter shall have and are hereby declared to have all the qualities and incidents qt negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. (Acts 1949, pp. 1009, 1016.) 32-109a. Same; sale; price.--The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Whenever the Authority shall determine to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services for the Authority in connection with the marketing of such bonds. (Acts 1949, pp. 1009, 1016; 1960, pp. 887, 890; 1967, pp. 869, 871.) 32-110a. Same; proceeds of bonds.--The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. (Acts 1949, pp. 1009, 1016.) 32-11 la. Same; interim receipts and certificates or temporary bonds. --Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon issuance of the latter. (Acts 1949, pp. 1009, 1017.) 32-112a. Same; replacement of lost or mutilated bonds.--The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (Acts 1949, pp. 1009, 1017.) 32-113a. Same; conditions precedent to issuance; object of issuance. --Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Chapter. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately 32-tl4a EDUCATION. 542 upon its passage and need not be published or posted, and any such as security for the performance of any lease or leases or any and all resolution may be passed at any regular or special or adjourned meet- revenues, rents, and earnings received by the Authority, regardless of ing of the Authority by a majority of its members. whether or not such rents, earnings, and revenues were produced by (Acts 1949, pp. 1009,1017.) a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority 32-114a. Same; credit of State not pledged.--Revenue bonds issued to the payment of the principal and interest on revenue bonds of the under the provisions of this Chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund herein- Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received after provided for, and the issuance of such revenue bonds shall not di- from one or more or all sources, shall be set aside at regular intervals, rectly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest on their face covering substantially the foregoing provisions of this shall fall due, (2) the principal of the bonds as the same shall fall due. section: Provided, however, such funds as may be received from State appropriations or from any other source are hereby declared to be available and may be used by the Board of Regents of the University (3) the neccessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund System of Georgia for the performance of any lease contract entered into by said board. shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust (Acts 1949, pp. 1009, 1017.) indenture, but, except as may otherwise be provided in such resolution i4 32-115a. Same; trust indenture as security.--In the discretion of the or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Authority, any issue of such revenue bonds may be secured by a trust Subject to the provisions of the resolution authorizing the issuance of indenture by and between the Authority and a corporate trustee, which the bonds or in the trust indenture surplus moneys in the sinking may be any trust company or bank having the powers of a trust com- fund may be applied to the purchase or redemption of bonds and any pany within or outside of the State. Such trust indenture may pledge or such bonds so purchased or redeemed shall forthwith be canceled and assign rents, revenues and earnings to be received by the Authority. shall not again be issued. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and en- (Acts 1949, pp. 1009, 1019.) forcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of prop- 32-118a. Same; remedies of bondholders.--Any holder of revenue % erty, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and ap- bonds or interest coupons issued under the provisions of this Chapter, any receiver for such holder, or indenture trustee, if any there be, ex- plication of all moneys, and may also provide that any project shall cept to the extent the rights herein given may lie restricted by resolu- be constructed and paid for under the supervision and approval of con- tion passed before the issuance of the bonds or by the trust indenture, sulting engineers or architects employed or designated by the Authority may either at law or in equity, by suit, action, mandamus or other pro- and satisfactory to the original purchasers of the bonds issued therefor, ceedings, protect and enforce any and all rights under the laws of the and may also require that the security given by contractors and by any State of Georgia or granted hereunder or untler such resolution or trust depositary of the proceeds of the bonds or revenues or other moneys indenture, and may enforce and compel performance of all duties re- be satisfactory to such purchasers, and may also contain provisions quired by this Chapter or by resolution or trust indenture, to be per- concerning the conditions, if any, upon which additional revenue bonds formed by the Authority, or any officer thereof, including the fixing, may be issued. It shall be lawful for any bank or trust company incor- charging, and collecting of revenues, rents, and other charges for porated under the laws of this State to act as such depositary and to the use of the project or projects, and, in the event of default of the furnish such indemnifying bonds or pledge such securities as may be Authority upon the principal and interest obligations of any revenue required by the Authority. Such indenture may set forth the rights bond issue, shall be subrogated to each and every right, specifically in- and remedies of the bondholders and of the trustee, and may restrict cluding the contract rights of collecting rental, which the Authority may the individual right of action of bondholders as is customary in trust possess against the Board of Regents or other contracting or leasing indentures securing bonds and debentures of corporations. In addition department, agency or institution of the State ; and in the pursuit of its to the foregoing, such trust indenture may contain such other pro- remedies as subrogee, may proceed either at law or in equity by suit, visions as the Authority may deem reasonable and proper for the action, mandamus, or other proceedings, to collect any sums by such security of the bondholders. All expenses incurred in carrying out such proceedings due and owing to the Authority and pledged or partiallv trust indenture may be treated as a part of the cost of maintenance, pledged directly or indirectly to the benefit of the revenue bond issue operation and repair of the project affected by such indenture. of which said individual, receiver, or trustee is representative. No holder (Acts 1949, pp. 1009, 1018.) of any such bond or receiver or indenture trustee thereof shall have the % 32-116a. Same; to whom proceeds of bonds shall be paid.--The Authority shall, in the resolution providing for the issuance of revenue right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof bonds or in the trust indenture, provide for the payment of the proceeds against any property of the State, nor shall any such bond constitute a of the sale of the bonds to any officer or person who or any agency, charge, lien, or incumbrance, legal or equitable, upon the property of the bank or trust company which shall act as trustee of such funds and State: Provided, however, any provision of this or any other Act to the shall hold and apply the same to the purposes hereof, subject to such contrary notwithstanding, any such bondholder or receiver or indenture regulations as this Chapter and such resolution or trust indenture may trustee shall have the right by appropriate legal or equitable proceed- provide. ings (including, without being limited to, mandamus) to enforce com- (Acts 1949, pp. 1009, 1018.) pliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph 1(a) [Const. 1945, 2-5901] of the Con- & of each year the chairman of the board of education and superintendent meeting of the local board and thereafter notify the State Superintendent of schools of each local unit of administration shall certify and forward in writing of the extent to which such recommended changes have been to the State Superintendent of Schools two copies of the final budget adopted by the local board. The budget of the local unit shall auto- adopted by the local board of education for the next fiscal school year. matically stand amended to the extent such recommended changes are 559 EDUCATION. 32-647 adopted. Budgets of local units of administration, upon approval by the State as provided herein, shall become operative as the official budget of the local unit for the next fiscal school year and shall be strictly adhered to by the local unit of administration. The State Board of Education shall, by regulation, provide a method and manner for amendment of school budgets during the school year. The State Board shall require accounting of all funds by local units of administration. (Acts 1964, pp. 3, 36.) 32-644. Financial review.--The State Board of Education shall establish a financial review section within the Department of Education for the limited purpose of reviewing the financial records and accounts of local units of administration receiving State aid under provisions of this Chapter so as to insure compliance by local units with provisions of this Chapter, other school laws, and rules, regulations and policies of the State Board adopted in accordance with provisions of such laws. The provisions of this section shall not be deemed to be in conflict with or repeal any provisions of law respecting duties or functions of the State Department of Audits. (Acts 1964, pp. 3, 39.) 32-645. Withholding of State funds due to failure to provide local funds.--In the event a local unit of administration fails to provide or use the amount of local funds required to be raised and used by the local unit in support of the cost of the minimum foundation program of education in the local unit during any school year, determined in accordance with provisions of this Chapter, the State Board of Education shall calculate the percentage which the deficiency in local funds represents of the total local funds required to be raised and used by the local unit and reduce the amount of State funds allotted to the local unit by the same percentage until such time as the local unit provides or uses, as the case may be, the required amount of local funds, or makes adequate provision for providing or using the same to the satisfaction of the State Board. If State funds allotted to a local unit have been distributed to the local unit when such failure of the local unit is ascertained, or if an audit of operations of the local unit shows that the local unit did not during the preceding or a past fiscal school year actually provide or use the amount of local funds required by provisions of this Chapter and the approved local budget of the local unit for that year, the State Board of Education shall, for the next ensuing fiscal school year, reduce the amount of State-contributed Minimum Foundation Program funds to be allotted to the local unit by an equivalent amount of money and correspondingly increase the amount of local funds to be supplied by the local unit for that fiscal school year by the same amount of money. The State Board of Education shall in any event, before withholding or reducing the amount of State funds to be distributed to a local unit under this section, notify the local unit of the intention of the board to withhold or reduce the allotment of State funds to the local unit, and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before the State Board before such funds are withheld or reduced provided such hearing shall be requested by the local board of education within 30 days from receipt of notification of such intention of the State Board. If the local board feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court in the same time and manner as provided in section 32-643 for appeals from decisions of the State Board respecting local school budgets, and such appeals shall take the same course as therein provided for. (Acts 1964, pp. 3, 39.) 32-646. State bids on standard items of school equipment, supplies, and services.--(a) The State Board of Education shall, from time to time, determine, through study and after consultation with the State Supervisor of Purchases, representatives of local units of administration, and such others as the board may deem it advisable to consult with, 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 Department of Education and the State Supervisor of Pur- chases on standard items of school equipment, supplies or services, or other standard expenses, to be designated by the State Board, ordinarily needed, procured or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. 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 the same to the State Supervisor of Purchases together with such other information as may be needed or otherwise requested by the State Supervisor of Purchases for the purpose of advertising for bids for a uniform State price on such items. (b) The State Supervisor of Purchases shall advertise for bids for supply of such items in the same manner followed for State purchases: Provided, however, that the State Supervisor of Purchases shall inform prospective bidders that the bid requested 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 of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration 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 State Supervisor of Purchases shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the State Board of Education of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and such other available information as may be required by the State Board. The State Board shall promptly forward such information to all local units of administration. (c) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services or 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 therefor 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 cost paid for such items by the local unit. The State Board shall prescribe regulations necessary for implementation and enforcement of provisions of this section, and is authorized to establish minimum 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 expenses, as may be designated by the State Board, whether or not State bid prices are obtained on such items. (Acts 1964, pp. 3,40.) 32-647. Distribution of State funds.--The State Board of Education shall, by regulation, provide for distribution of State funds allotted to local units under this Chapter and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such purposes are available at such times. State funds to be distributed to local units under provisions of this Chapter shall be withdrawn from the State treasury on executive warrants based upon requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and directions of the State Board, 32-648 EDUCATION. 560 and shall be disbursed to local units by the State treasury upon order Provided, however, that the board of education of the adjacent local of the State Superintendent of Schools. unit is willing to receive and permit such pupil to enroll in and attend (Acts 1964, pp. 3, 42.) the public schools of such local unit. The State Board shall adopt such rules, regulations and policies as may be necessary for implementation 32-648. Initial and midterm adjustment of allotments of personnel and of this section. Grant or refusal of permission for pupils to attend such State funds.--The State Board of Education shall, when allotting teach- schools, for the purpose of permitting State funds to follow such pupils, ers and other certificated professional personnel to local units of administration under sections 32-611 and 32-612, determine the rate and percentage of increase or decrease in average daily attendance of pupils in the several local units of administration for the preceding five-year period, and shall adjust the initial allotments of such personnel to local units under sections 32-611 and 32-612 so as to allot teachers and other certificated professional personnel for the next fiscal school year on the shall be entirely discretionary with the State Board and shall, in the absence of a clear abuse of discretion by the board, be final and conclusive. Local units of administration may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform. (Acts 1964, pp. 3, 44.) basis of the estimated average daily attendance of pupils in the local unit during the next year. In using the average daily attendance of pupils during the first four months of the preceding school year in making initial allotments of such personnel, as provided in sections 32-611 and 32-612, in the event only that the average daily attendance in any one of such months shall be more than 15 per cent, lower than the average daily attendance for such remaining three months, the State Board shall allot teachers and other certificated professional personnel to such local unit based on the average daily attendance in the three of such four months having the highest average daily attendance. The State Board shall, during the next fiscal school year, require submission of official reports of enrollment and attendance of pupils by local units of admin- 32-651. Student honors program.--The State Board of Education is hereby authorized to inaugurate a student honors program for pupils in the public high schools of this State who have manifested exceptional abilities, unique potentials, or who have made exceptional academic achievements. Such program may 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 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 to be established by the State Board, and operating and pupil costs and expenses may be paid by the State Department of Education from funds made available istration. Whenever the official attendance reports of any local unit shall show an increase in enrollment or average daily attendance of pupils for this purpose by the State Board. The State Board is authorized to enter into cooperative agreements with the Board of Regents for oper- during the current school year, the State Board of Education shall at ating and sharing the costs of such programs. least semiannually during such school year increase the State-contributed Minimum Foundation Program funds allotted to such local unit at (Acts 1964, pp. 3, 45.) the beginning of the current school year under sections 32-611 through 32-652. Educational research.--The State Board of Education is here- 32-615, in proportion to the current increase in enrollment and average by authorized to engage in or to otherwise make provision for educa- daily attendance of pupils in the local unit and in accordance with the tional research into all phases of operation of public school systems and provisions of this Chapter. The State Board shall not reduce the amount into all methods of instruction and education of children and youth, to of State-contributed Minimum Foundation Program funds which were sponsor conferences, study groups and workshops, and to conduct re- allotted to any local unit for the current school year by reason of a search or education demonstrations, experimentation, field tests and current decrease in the enrollment or average daily attendance of pupils such other projects as may, in the opinion of the board, tend to support, in the local unit. The State Board shall, at the beginning of each fiscal improve or strengthen the public school system of this State, the quality school year, set aside from the total appropriation for educational pur- of education provided Georgia's children and youth in the public schools poses an amount of money deemed sufficient to meet the needs of such of this State and the qualifications and technical skills of professional midterm adjustments. personnel employed in the public schools of this State, and is hereby (Acts 1964, pp. 3, 43.) authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to co- 32-649. Reduction in allotment of State funds due to inadequate ap- operate with public school systems and public and private educational propriation.--The State Board of Education shall, to the extent neces- institutions and agencies within or without the State for such purposes. sary, reduce the amount of State funds to be allocated to local units in The State Board may provide for the allotment of education funds for support of the Minimum Foundation Program or in support of any of the purposes provided for in this section. the purposes for which State funds might be allotted to local units under (Acts 1964, pp. 3, 45.) provisions of this Chapter if the amount of State funds appropriated in support of said program or in support of any one or more of the purposes for which allotments of funds are hereby provided for is not adequate to finance the cost of the State portion of said program or such purposes determined in accordance with the provisions of this Chapter. (Acts 1964, pp. 3,44.) 32-653. State Agency for Surplus Property; cooperative agreements. --The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Government under provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be 32-650. Pupils attending school in adjacent local units of administration ; allotment of State funds; contracts between local units.--Notwithstanding the foregoing provisions of this Chapter and other school laws, the State Board of Education is hereby authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the State Board, be permitted to attend and be included as an enrolled pupil in average daily attendance in the public schools of a local unit of admin- eligible to receive such surplus properties pursuant to applicable provisions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into cooperative agreements with the Department of Health, Education and Welfare of the Federal Government for the use of surplus properties by the State Agency, and for providing administrative assistance in the transfer of title to real property from the Federal Government to institutions, organizations, agencies, and others as may now or hereafter be eligible to receive such properties pursuant to applicable provisions of Federal istration immediately adjacent to the local unit of administration where- law. A> in the pupil resides for the purpose of allotting State funds under pro- (Acts 1964, pp. 3, 46.) visions of this Chapter, notwithstanding absence of an agreement be- tween the two adjacent local units and a refusal by the board of educa- 32-654. Organization of the State Department of Education.--The tion of the local unit wherein the pupil resides to voluntarily approve such transfer of the pupil to the public schools of the adjacent local unit' State Board of Education is hereby authorized, after consultation with the State Superintendent of Schools, to organize and reorganize the 561 EDUCATION. 32-707 State 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. (Acts 1964, pp. 3, 46.) 32-655. Use of Georgia products.--In the purchase of, or in contracting for, any supplies, materials, equipment or services by the State or local units of administration, preferential consideration shall be given to local industries and to supplies, equipment, materials and equipment manufactured or produced in the State of Georgia, where not inconsistent with overriding policies herein established, provided such preference shall not result in any sacrifice or loss in price or quality. (Acts 1964, pp. 3, 47.) 32-656. Withholding of funds from local units; appeal.--In the event a local unit of administration shall fail to comply with any provision of this Chapter or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the State-contributed Minimum Foundation Program funds allotted to such local unit under provisions of this Chapter until such time as full compliance is made by the local unit. The State Board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court of the county of the local unit affected, in the same time and manner as provided in section 32-643 for appeal from decisions of the State Board respecting local school budgets, and such appeal shall take the same course as therein provided for. (Acts 1964, pp. 3, 47.) 32-656.1. Voter registration; excused absences.--Each student in the public schools of the State of Georgia, upon attaining the age of 17 years, shall be apprised of his right to register as an elector and vote in elections upon attaining the age of 18 years. The.State Board of Education shall promulgate rules and regulations to carry out the provisions of this section. An excused absence of a student, as determined by the local unit of administration, not to exceed one school day, shall not be counted against any local unit of administration in ascertaining "average daily attendance." (Acts 1968, pp. 135, 136.) 32-657. Chapter to be administered pursuant to budget laws.--The standards set forth in sections 32-611 through 32-622, and in such other sections as such minimum requirements for funds shall appear, 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 Chapter shall be construed as amending or modifying in any way Chapter 40-4 known as the "Budget Act" as provided in an Act approved February 12, 1962 (Acts 1962, p. 17), as amended, or any appropriation Act which is presently in force and effect. The State Board of Education shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by the provisions of such Budget Act, such appropriation Acts, and all other laws of general application pertaining to the handling and expenditure of State funds, none of which Acts or laws are amended, modified or repealed by this Chapter unless specifically so provided in this Chapter. (Acts 1964, pp. 3, 48.) 32-658. Instructions in nutrition, hygiene, etiquette and the social graces relating to the partaking of meals.--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. There shall 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 the preparation and consumption of food which shall 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 (Acts 1967, p. 34.) 32-659. Same; costs.--The costs incurred for the inclusion of such a course of instruction shall be met in accordance with the provisions of the Minimum Foundation Program of Education Act [this Chapter], and such course of instruction shall be a part of the Minimum Foundation Program of Education which has been established for the State of Georgia. (Acts 1967, p. 34.) CHAPTER 32-7. TEXTBOOKS IN PUBLIC SCHOOLS. 32-701. Textbook commission created; how constituted; compensation.--(Based upon Acts 1931, p. 136. Repealed by Acts 1937, pp. 896. 897.) 32-702. Oath of members.--(Based upon Acts 1931, p. 136. Repealed by Acts 1937, pp. 896, 897.) 32-703. Uniform textbooks. Nothing partisan or sectarian to be in books.--(Based upon Acts 1931, p. 136. Repealed by Acts 1937, pp. 896, S97.) 32-704. Uniform textbooks for common schools.--(Based upon Acts 1919, pp. 288, 295; 1922, pp. 150, 154. Repealed by Acts 1937, pp. 896. 897.) 32-705. Addition to the State course of study. Bible reading.--Health and hygiene, the nature of alcoholic drinks and narcotics, the elements and principles of agriculture, and the elements of civil government shall be taught in the common or public schools as thoroughly and in the same manner as other like required branches, and the board of education of each county and local system shall adopt proper rules to carry the provisions of law into effect: Provided, however, that the Bible, including the Old and the New Testaments, shall be read in all the schools receiving State funds, and that not less than one chapter shall be read at some appropriate time during each school day. Upon the parent or guardian of any pupil filing with the teacher in charge of said pupil in the public schools a written statement requesting that said pupil be excused from hearing the said Bible read as required by this section, such teacher shall permit such pupil to withdraw while the reading of the Bible is in progress. Such request in writing shall be sufficient to cover the entire school year in which said request is filed. (Acts 1919, pp. 288, 296; 1921, p. 156.) 32-706. Instruction in essentials of United States and State Constitutions. Study of American institutions and ideals.--All schools and colleges sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and in the essentials of the United States Constitution and the Constitution of Georgia, including the study of and devotion to American institutions and ideals, and no student in any school or college shall receive a certificate of graduation without previously passing a satisfactory examination of the history of the United States, and the history of Georgia, and upon the provisions and principles of the United States Constitution and the Constitution of Georgia. (Acts 1923, p. 130; 1953, p. 532.) 32-707. Board to prescribe textbooks for public schools. Multiple list- 32-708 EDUCATION. 562 ings.--The State Board of Education is authorized and impowered to prescribe by regulation the textbooks to be used in the various grades in the public schools of this State, including the elementary grades and high school grades. The board may provide, by regulation, for multiple listings of books for use in the various grades, and may, in its discretion, authorize the county school superintendent or the superintendent of independent school systems to exercise a choice as between books so listed or adopted for any particular grade. eight to 12, inclusive, and no other. (Acts 1937, pp. 896, 898; 1947, pp. 668, 670.) 32-715. Board authorized to contract.--In order to effectuate the purposes of this Chapter, the State Board of Education is authorized to enter upon such contracts as may be necessary for that purpose. (Acts 1937, pp. 896, 898.) (Acts 1937, pp. 896, 897.) 32-716. Provisions may be extended to State institutions.--The State Board of Education shall extend the provisions of this section, under 32-708. Selection and purchase of free textbooks. Books to contain such rules and regulations as are prescribed by it for the distribution nothing partisan or sectarian.--The State Board of Education may pro- of textbooks, library books and other school supplies for the public vide for the selection and purchase of free textbooks either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books at the lowest possible cost: Provided, such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the Board of Education. None of said books so purchased shall contain anything of a partisan or sectarian nature. school systems of this State, to the Georgia School for Mental Defectives, Georgia Training School for Boys, Georgia Training School for Girls, or divisions or branches of said institution and all of the schools for the deaf and blind which are operated by the State and all of the branches thereof as provided for under this Chapter. (Acts 1937, pp. 896, 899; 1961, pp. 421, 422.) \d> (Acts 1937, pp. 896, 897.) 32-717. Purchases, etc., on competitive sealed bids.--All purchases, 32-709. Committees of educators to examine books and recommend.-- listings, or adoptions of textbooks for use in the public schools of the The State Board of Education shall select a committee or committees State, as authorized herein, shall be made upon competitive sealed bids of educators actually engaged in public school work in this State to or proposals, after notice of the time and place of receiving same has examine textbooks and make recommendations thereon to the State been published once in each of at least three newspapers of general Board of Education. Such committee or committees shall consist of such circulation published in the State, at least 30 days prior to the date set number of educators as the board may deem advisable, not exceeding for receiving proposals, as determined by the State Board. five in each instance. They shall serve for such time and for such duties as the State Board of Education may prescribe, and receive such com- (Acts 1937, pp. 896, 899.) pensation as may be fixed by the State Board of Education. 32-718. Board may publish textbooks.--If the State Board of Educa- (Acts 1937, pp. 896, 897.) tion shall find it advantageous to the State to provide for publishing any or all of the textbooks required to be used in the public schools of 32-710. System of free textbooks to be inaugurated.--The State Board this State, it is authorized and impowered so to do, under such reason- of Education is hereby authorized and directed to inaugurate and ad- able rules and regulations as it may prescribe, and to that end may enter minister a system of free textbooks for the public schools of the State upon such contracts as may be necessary for that purpose. The board of Georgia. The State Board of Education shall have authority to pro- may also purchase any second-hand books now or hereafter used in i mulgate and enforce such rules and regulations as may be necessary for that purpose. Georgia as it may deem advisable on such basis as may be reasonable. (Acts 1937, pp. 896, 899.) (Acts 1937. pp. 896, 898.) 32-719. Expenses and cost of books paid from appropriation. Prefer- . 32-711. Board to provide for purchasing, repairing and furnishing free textbooks.--The State Board of Education shall, under such rules and ence to elementary grades.--The expense of administering this Chapter, and the cost of purchasing, publishing, covering, repairing and furnish- regulations as it may deem advisable, provide for purchasing, covering, ing such free textbooks shall be paid by the State Board of Education repairing and furnishing such free textbooks for use by the pupils in all from such funds as may be provided by the General Assembly for that of the elementary and high school grades in the public schools of this purpose : Provided, however, that if funds sufficient to furnish free text- State. The State Board of Education may contract for, and provide rules books for all grades shall not be available at any time, the board shall and regulations for, the covering with book covers of such books as are give preference to the elementary grades, starting with the lower grades, ( supplied under the provisions of this Chapter. and furnishing free textbooks to the higher grades as rapidly as funds are (Acts 1937. pp. 896, 898.) available for that purpose. (Acts 1937, pp. 896, 899.) 32-712. Repairing and rebinding books.--The State Board of Education is further impowered, in such manner as may seem to it best for the purpose, to restore, repair, recover, or rebind, or to contract for restoring, repairing, recovering, or rebinding any and all books used in the public schools of the State, furnished by the Board of Education under this Chapter for the purpose of restoring and extending the use of the books. (Acts 1937, pp. 896, 898.) 32-720. May contract with local boards to purchase or for use of textbooks.--The State Board of Education shall be authorized, if in its discretion it is deemed advisable to do so, to contract with the boards of education of counties or independent school systems now owning textbooks, for the purchase' or use of such textbooks, upon such terms as may be mutually agreed upon. (Acts 1937, pp. 896, 900.) 32-713. Purchases on condition that price as low as that offered any other school.--All purchases or contracts for purchases shall be made subject to the condition that the price paid by the State shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book. (Acts 1937, pp. 896, 898.) 32-721. Local board may furnish free or may rent books.--Nothing in this Chapter shall be construed to prevent the boards of education of various counties and independent systems from furnishing free texthooks or school supplies from local funds, or furnishing such textbooks and school supplies on a rental basis, for all grades in addition to the free textbooks supplied by the State Board of Education. (Acts 1937, pp. 896, 900.) 32-714. Elementary and high school grades.--For the purposes of this Chapter the elementary grades shall embrace grades one to seven, inclusive, and no other; and the high school grade? shall embrace grades 32-722. Where books changed local board to be compensated for books being furnished or rented.--In those municipalities and counties wherein the local boards of education have purchased books, and are furnishing J^* 563 EDUCATION. 32-808 free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipalities or counties, to compensate the local board for the books owned by the local board, or allow the use of such locally owned books, so long as said books are serviceable. (Acts 1937, pp. 896, 900.) 32-723. Board given general power to provide for school book system. --In addition to the powers hereinbefore granted to the State Board of Education to provide free school books to the pupils of the public schools of the State, the State Board of Education is authorized and impowered to do whatever may be necessary for the general welfare of the free school book system, and in order to acquire school books at the lowest possible cost, such powers hereinbefore set out being cumulative and not restrictive. (Acts 1937, pp. 896, 900.) 32-724. Instruction in county, municipal, Federal and State Governments required for graduation.--The State Board of Education shall prescribe a course of study in the background, history and development of the Federal and State Governments. The board shall also approve and recommend textbooks to be used in this course. The course so prescribed shall be taught in the 11th or 12th grade of all high schools which receive in any manner funds from this State. The course shall be tae&ht for the entire school year: Provided, however, the total time devoted to said course of study shall be sufficient to earn one full unit of credit. The course in the study of Federal and State Government shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school, which receives funds from this State, unless said student has successfully completed the course in governments provided for by this section. (Acts 1953, p. 587.) CHAPTER 32-8. MISCELLANEOUS PROVISIONS. 32-801. Election on question of local suspension of operation of public schools.--Any county, city or other local school system board of education may at any time, by resolution of a majority of the members, call an election on the question of suspending operation 'of the public schools under said board's jurisdiction: Provided, that it shall be the duty of said board to call such an election when a petition signed by at least 15 per cent, of the registered voters residing within the local system is presented to the board requesting such an election. (Acts 1961, pp. 31, 32.) 32-802. Same; copy of resolution to ordinary; procedure; ballots.-- A certified copy of the resolution calling an election under section 32-801 shall be delivered to the ordinary, and it shall be his duty within not less than five days after receipt thereof to issue a call for such election by publishing notice of time and place thereof once a week for two weeks (without regard to the number of days) in the newspaper in which county advertisements are published. Said election shall be called to be held by the ordinary not less than 15 nor more than 30 days after the call thereof by the ordinary. Only persons qualified to vote for members of the General Assembly within the limits of the system affected shall be entitled to vote in such election. The ballots to be used in such election shall have imprinted thereon the words "For Suspension of Public Schools in (name of system)," and, "Against Suspension of Public Schools in (name of system)." The ordinary shall canvass the ballots and certify the results thereof to the local board of education. The cost of conducting all elections under this law [ 32-801 through 32-808] shall be paid from county funds as now provided for general elections. (Acts 1961, pp. 31, 32.) 32-803. Same; duties of school board where election is in favor of suspension; effect upon existing contracts and indebtedness.--If a ma- jority of the qualified voters voting in said election vote in favor of suspending operation of the schools in such local system, it shall be the duty of the local school board thereof to suspend operation of said schools and to close same, in which event the board shall take all steps necessary to preserve and protect school properties during and after such suspension. After such suspension, the local board of education and superintendent shall continue to function for the purpose of administering such duties as may be authorized or required by law. Such suspension shall not affect the contracts of any principals, teachers and other school personnel with the local system, but all such persons shall continue to receive the salary or other compensation thereunder provided until such time as other suitable and adequate employment is obtained, but in no event to continue beyond the contract term ; nor shall such suspension impair the obligation of any other indebtedness incurred by the local system for the operation of public schools prior to suspension, or for temporary loans, or for capital outlay, whether by bonded indebtedness, rentals due under lease contracts with the State School Building Authority, or otherwise. (Acts 1961, pp. 31, 32.) 32-804. Same; allotment of State funds while schools suspended.-- Where a local school system has suspended operation of its public schools as herein provided, such system shall continue to receive State funds in amounts computed by the State Board of Education, so far as possible, in accordance with laws now or hereafter in force governing the allocation and distribution of State funds for educational purposes to local units of administration. Such funds shall be allotted in such manner as will insofar as possible reflect the amount of State money which such local school system would receive if the public schools were open during the school year in question. (Acts 1961, pp. 31,33.) 32-805. Same; elections as to opening schools; ballots; compliance with election.--Any local board of education may at any time by resolution of a majority of the members call for an election on the question of reopening the public schools under its jurisdiction: Provided, that an election shall be called by the board when a petition signed by not less than 15 per cent, of the qualified registered voters residing within the local system is presented to the board. Such election shall be called, advertised, financed and conducted in the same manner as hereinbefore provided for elections on the question of suspending operation of the schools. The ballots shall have imprinted thereon, "For Reopening of Schools in (name of system)," and "Against Reopening of Schools in (name of system)." If a majority of the voters voting in such election vote in favor of reopening the schools, it shall be the duty of the local board to accomplish such reopening at the earliest possible date, but not later than 30 days after said election. (Acts 1961, pp. 31, 33.) 32-806. Same; discretion of board as to holding second election within school year.--When, for the same school year, there has been an election on the question of suspending or reopening the schools in a given local system, it shall be discretionary only and not mandatory with the board thereof as to whether a second election on either of such questions shall be held, notwithstanding the filing with the board of a petition as hereinbefore provided. (Acts 1961, pp. 31,34.) 32-807. Same; compulsory school law inoperative in system where schools suspended; no right in pupils to attend public school.--When the schools have been suspended in any local system under this law [ 32-801 through 32-808], the compulsory school attendance law shall become inoperative in such system, and no child in such system shall be entitled as of right to attend a public school therein or elsewhere. (Acts 1961, pp. 31, 34.) 32-808. Same; application of term "local school system."--As used in this law [ 32-801 through 32-808], the words "local school system" 32-809 EDUCATION. 564 shall mean and include all county, city, independent and other public school systems in existence in this State, whether created before or after the Constitution of 1877. (Acts 1961, pp. 31,34.) 32-809. Leases of school property by political subdivisions for private school purposes.--The various counties, cities, municipalities, county boards of education, city boards of education and governing bodies of independent school districts or systems of this State shall have authority to lease any schoolhouse or other school property for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school: Provided, that said lease shall be for a period not longer than five years. (Acts 1956, p. 10.) 32-810. Same; applicability of law.--The provisions of this section and section 32-809 shall apply to all public school systems in this State, including those maintained and operated by counties and cities, including independent local systems, and all public school systems whether created before or after the Constitution of 1877. (Acts 1956, p. 10.) 32-811. Certificate by State Fire Marshal as to safety of private school buildings.--(Based upon Acts 1956, p. 15. Repealed by Acts 1962, pp. 552, 558.) 32-812. Educational and training services for mentally retarded children.--The State Board of Education shall have the authority to provide educational and training services for severely mentally retarded children for whom public school classes are not available by any one or more of the following methods: (1) Bv contracting with suitable private organizations inside or outside the State of Georgia for the provision of such services; (2) By making grants to the parents of such children for use by them in obtaining such services; or (3) By entering into reciprocal agreements with other States or political subdivisions thereof for the provision of such services. The board shall have the power and right to promulgate any rules, regulations and standards and to establish the terms and conditions governing the provision of State aid hereunder, together with the power and authority to do and perform any and all acts necessary or proper to carry out the provisions, intent and purpose of this section. (4) The State Board of Education is hereby authorized, in addition to other authority herein granted, to establish, operate and maintain such facilities it deems necessary to provide educational and training services for mentally retarded children. (Acts 1958, p. 206.) 32-813. Grants for education; purpose of law.--The General Assembly of Georgia, being mindful of the primary obligation of the State of Georgia to provide an adequate education for the citizens of this State under Article VIII, Section I, Paragraph I [Const. 1945, 2-6401] of the Constitution of Georgia, and mindful of the authority vested in the General Assembly under Article VIII, Section XIII, Paragraph I | Const. 1945, 2-7502] of the Constitution of Georgia to discharge all obligations of the State to provide an adequate education for its citizens by providing for grants of State, county or municipal funds to such citizens for educational purposes, and being further particularly mindful of the need for a literate and informed society in all events, does hereby declare it to be the purpose and intent of this law [ 32-813 through 32-819.3] to encourage and aid the education of all children of this State by implementing the provisions of Article VIII, Section XIII, Paragraph I [ 2-7502] of the Constitution of Georgia by making provision for payment of education grants from public funds, to the extent and in the manner as herein provided. (Acts 1962, pp. 552, 553.) 32-814. Same; definitions.--(a) "Parents" shall mean the natural or adoptive parent(s), legal guardian, or other persons(s) standing in loco parentis to nr having legal custody of a child eligible and entitled to receive an education grant under this law [ 32-813 through 32-819.3] who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualified such child to receive a grant pursuant to this law. (b) "Local school system" shall mean and include all county, city, independent and all other public school systems in existence in this State, whether created before or after adoption of the Constitution of 1877. (Acts 1962, pp. 552, 553; 1963, p. 514.) 32-815. Same; eligibility for grant.--Every child between the ages of six and 19 residing in this State who has not finished or graduated from high school and who is otherwise eligible and qualified to attend the elementary and secondary public schools of the local school system wherein such child resides shall, in lieu of attending the public schools of such local school system, be eligible to receive an education grant to be expended for the purpose of paying or otherwise defraying the cost of tuition at a nonsectarian private school located in any State of the United States or a public school located outside this State but within some other State of the United States, in the amount, manner, and subject to the provisions of this law [ 32-813 through 32-819.3]. (Acts 1962, pp. 552, 554; 1963, p. 514.) 32-816. Same; amount of payment.--The amount of each education grant that may be paid under this law [ 32-813 through 32-819.3] per school year shall not exceed the actual amount expended or to be expended by parents in payment of the tuition cost of attendance of their child or ward at a school which by the terms of this law qualified such child to receive such grant, or the average State cost per pupil in average daily attendance in the public schools of this State for the school year immediately preceding the school year for which the education grant is to be paid, to be determined by dividing the State-wide average daily attendance figure in the public schools of this State during the preceding school year into the total amount of State education funds allotted to all public school systems of this State for the preceding school year under the Minimum Foundation Program of Education laws (excluding State allotments for capital outlay purposes), whichever of the two sums is the lesser. Only one education grant shall be paid on behalf of any school child eligible to receive a grant during any one school year period as defined by law. (Acts 1962, pp. 552, 554; 1963, pp. 514, 515.) 32-817. Same; determination as to need for grant; applications.--No grants shall be paid to any person in any county or municipality of this State, unless the need for the payment of such grants in a county or municipality has been determined as hereinafter provided. The county board of education and the governing authority of the county shall meet during the month of April each year to investigate the request for grants in such county, and may meet on the call of the governing authority at any other time to make such determination. In the event it is determined that such need does exist, a resolution to that effect must be passed by the board and the governing authority at such joint meeting. In the case of a municipal school system, the board of education thereof, the governing authority of the municipality involved and the governing authority of the county shall meet during the month of April each year to determine whether a need for such grants exists in the municipality, and may meet on the call of the governing authority at any other time to make such determination. In the event it is determined that such need does exist, a resolution to that effect must be passed by the board, the governing authority of the municipality involved and the governing authority of the county at such joint meeting. If it is determined that a need exists and a resolution to that effect is adopted as provided for hereinbefore, applications for grants shall be filed by parents of children eligible to receive grants under this law [ 32-813 through 32-819.3], with the superintendent of schools of the local public school system, where such children are entitled by law to attend the public schools, free of any tuition. Applications shall be made in writing in such form, manner and 565 EDUCATION 32-822 time and shall contain such information as the State Board of Education shall prescribe. All such applications shall be turned over to the local board of education, reviewed by such board, and approved or disapproved by such board within 30 days after the date of filing with the local superintendent of schools. (Acts 1962, pp. 552, 554; 1963, pp. 514, 515.) 32-818. Same; rules and regulations by State Board of Education.-- The State Board of Education shall prescribe reasonable rules and regulations providing for the administration of this law [ 32-813 through 32-819.3] under the State Superintendent of Schools. Said board may also prescribe all forms and reports deemed necessary for implementation of this law. Such rules and regulations shall prescribe the minimum academic standards that must be met by any nonsectarian private school attended by a child in order to entitle such child to an education grant under this law: Provided, however, such minimum academic standards as may be prescribed shall not exceed or be more stringent than the minimum academic standards applicable to the public elementary and secondary schools of this State. Such rules and regulations shall not deal in any manner with the requirements of nonsectarian private schools relating to eligibility of pupils that may be admitted thereto, or with the physical plant facilities of any private schools. The State Superintendent of Schools may require each school to furnish him such information and records as may be deemed necessary to enable him to make a determination as to whether such school shall be eligible under the provisions of this law. A failure by any school to produce all such information and records as may be requested shall be grounds for the superintendent to omit the name of such school on the list of schools furnished to the local boards of education as hereinafter provided. (Acts 1962, pp. 552, 555; 1963, pp. 514, 516.) 32-819. Same; information required of applicants; hearings upon applications; appeals.--The local boards of education shall be bound by the list of schools which the State Superintendent of Schools shall furnish. The local boards of education may require applicants for grants to furnish such information as may be deemed necessary to enable such board to pass upon such application. A failure by the applicant to produce all such information and records as may be requested shall be grounds for denying the application without further investigation. In the event any application is denied, the local board shall give written notice thereof by mail to the parents applying therefor. Within 10 days after receipt of such notice, said parents may file written request for hearing with the board, in which event such a hearing shall be afforded in not less than 10 days from the date of receipt of such request. Any parents, school or institution adversely affected by any final determination made by the board as above provided may obtain review thereof by appeal to the State Board of Education, which appeal must be filed in writing not less than 15 days after such final determination. In all other respects, all such appeals to the State Board of Education shall be made and determined in accordance with the rules and regulations of the State Board governing appeals from local boards of education. (Acts 1962, pp. 552, 555; 1963, pp. 514, 517.) 32-819.1. Same; children receiving grants not under Minimum Foundation Act.--School children receiving education grants under this law [ 32-813 through 32-819.3] shall not be considered as being in daily attendance in any local school system of this State for the purpose of allotment and distribution of State funds under the Minimum Foundation Program of Education Act, approved February 24, 1949 (Ga. L. 1949, p. 1406, Chapter 32-6). (Acts 1962, pp. 552, 556; 1963, pp. 514, 518.) 32-819.2. Same; estimates of budgetary requirements.--All grants approved and paid by the local boards of education shall be paid out of existing and available school funds allocated to such local systems by the State for educational purposes and from educational funds derived from local sources. The local system shall receive a refund relative to the amounts paid out in education grants in the amount and under the formula provided for hereinafter. The local school system board of education shall share in the cost of the education grant in the same proportion as it shares in the cost of the Minimum Foundation Program of Education for such local system. The amount arrived at under such formula shall be paid by the State Department of Education to the local system at the time and under the procedure prescribed by the State Board of Education. The State Board of Education shall include in its estimate of financial requirements to be filed with the Budget Bureau, as required by law, an estimate of the amount of funds which may be needed during the next appropriations period for the purpose of paying the State's portion of the grants provided for under this law [ 32-813 through 32-819.3]. The General Assembly shall make adequate provision therefor in appropriating funds to the State Department of Education. The local school systems may, at their election, utilize local education funds to supplement the amount of State funds and the local funds paid under the formula set out hereinbefore. Any such supplemental funds used shall be expended in the amount and under the procedure prescribed by the local board of education. (Acts 1962, pp. 552, 556; 1963, pp. 514, 518.) 32-819.3. Same; use of local funds.--(a) All local school systems shall have the same power and authority to appropriate and utilize local education funds for the purpose of paying grants as such local systems now or hereafter possess for the purpose of operation of the local public schools. (b) Notwithstanding any provisions of law limiting the power of counties to levy taxes and appropriate funds for use in the county school system for educational purposes, or limiting the power of municipalities to levy taxes and appropriate funds for use in independent school systems for educational purposes, and in addition to any powers now granted counties and such municipalities by existing law to levy taxes and appropriate funds for educational purposes, the governing authorities of every county in this State and of every municipality authorized by law to maintain existing independent school systems, whether or not such independent school system was created before adoption of the Constitution of 1877, are hereby authorized and impowered by this law [ 32-813 through 32-819.3], pursuant to authority conferred on the General Assembly by Article VIII, Section XIII, Paragraph I of the Constitution [Const. 1945, 2-7502], to appropriate and expend any available local tax funds of such county or municipality to pay education grants. (Acts 1962, pp. 552, 556; 1963, pp. 514, 519.) 32-820. Bonds of public school principals; conditions; payment of premiums.--Any person now employed as principal and any person upon entering into employment as principal of any public school of this State shall execute a bond in an amount fixed by the local board of education having jurisdiction over such school. Said bond shall be made payable to such local board of education and shall be conditioned upon faithful and true accounting for all public and other funds and all property coming into such principal's custody, control, care or possession. The premiums of such bonds shall be paid by the local board of education out of the county educational fund. (Acts 1959, p. 159.) 32-821. Forms or books for accounts to be distributed to principals.-- The State Department of Education shall prepare forms or books, or both, in which shall be kept the accounting of the funds and property by said principals as herein provided for. Such forms or books, or both, shall be distributed, free of charge, by the Department of Education to each local school board in this State and in a sufficient quantity as will satisfy the needs of that particular system. (Acts 1959, p. 159.) 32-822. Quarterly reports by principals; inspection of books by local board of education; accounts to be maintained in auditable order.--The principal of each public school shall make a quarterly report to the local board of education immediately upon the end of each quarter of the fiscal year and said report shall contain an account of all receipts and expen- 32-823 EDUCATION. 566 ditures of such funds during the past quarter and a complete property inventory. The local board of education may at this time or at any time during the school year demand to inspect all books, records and accounts of such funds and property. The principal of each public school shall keep his books, records and accounts in good auditable order at all times and shall make them available to the local board of education. (Acts 1959, pp. 159,160.) 32-823. Bonds of principals governed by Chapter 89-4.--All bonds executed under the authority of this law [ 32-820 through 32-824] shall be subject to and governed by all the provisions of Chapter 89-4, relating to official bonds, which are not in conflict herewith. (Acts 1959, pp. 159,160.) 32-824. Public school systems established prior to Constitution of 1877 exempt from sections 32-820 through 32-824.--This law [ 32-820 through 32-824] shall not apply to public school systems established prior to the adoption of the Constitution of 1877. (Acts 1959, pp. 159, 160.) 32-830. Same; rules and regulations.--The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this law [ 32-825 through 32-831]. (Acts 1962, pp. 71, 73.) 32-831. Same; funds to be in addition to other funds; when reduced.-- The funds appropriated by virtue of the terms of this law [ 32-825 through 32-831] shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this law shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law: Provided, however, if the annual income of the State of Georgia for each fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the Appropriations Act, the funds appropriated by this law shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly. (Acts 1962, pp. 71, 73.) 32-825. Financial assistance to school districts where parents employed by the State.--For any school district wherein three per cent, or more of the children in average daily attendance have parents or guardians who live or work full time on State-owned property, the 32-832. Sick leave for school bus drivers.--Each person employed as a school bus driver in any public school of this State shall be entitled to sick leave with full pay, if and when sufficient funds for such purpose State Board of Education shall, within the first 90 days of each fiscal are available, computed on the basis of one and one-fourth working year, make an allotment out of the funds appropriated for educational days for each completed school month of service, such leave to be purposes in an amount and under the formula provided for hereinafter. cumulative for one school year. A school bus driver may utilize sick (Acts 1962, p. 71.) leave upon the approval of the superintendent [ ] in which such school bus driver is employed for absence due to illness or injury or 32-826. Same; information to State Board of Education.--In any such necessitated by exposure to contagious disease in which the health of i school district, it shall be the duty of the superintendent of such school district, within 30 days prior to the end of each fiscal year, to submit the others would be endangered by his attendance on duty, or to illness or death in the school bus driver's immediate family. School bus drivers following information to the State Board of Education: shall be charged with sick leave for absence only on days upon which (a) The total number of children attending the common schools, in- they would otherwise work, and no charge against sick leave shall be cluding elementary grades and high school grades within the school made for absence on Sundays, holidays, or other nonwork days. district. Said total number of children shall be based on the average daily attendance of such schools. (Acts 1962, p. 670.) (b) The total number of children attending said common schools whose parent or guardian lives or works full time on property owned by the State of Georgia. Said total number shall be based on the average daily attendance at such schools. Editorial Note.-- This section has been compared with the enrolled Act. The brackets following "superintendent" indicate an omission which probably should read "of the county" or "of the district," or something of like nature. fc) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year. 32-833. Pay for substitute school bus drivers.--The scale of pay for substitute drivers shall be determined by the board of education of the (Acts 1962, p. 71.) system in which said employee is employed. 32-827. Same; determination of averages.--The State Board of Edu- (Acts 1962, pp. 670,671.) cation shall determine an average per pupil amount by dividing the total as determined by section 32-826, subparagraph (c) by the total as determined by section 32-826, subparagraph (a). (Acts 1962, pp. 71,72.) Editorial Note.-- The Act as published has the word "these" before "substitute drivers," but since there is apparently nothing preceding to which it can refer, it has been omitted. 32-828. Same; allotment of funds.--The State Board of Education shall, after making the determination as required by section 32-827, make an allotment to the school district for which such determination was made in an amount equal to 50 per cent, of the amount determined by multiplying the amount determined by section 32-827 by the amount determined by section 32-826, subparagraph (b). (Acts 1962, pp. 71,72.) 32-834. School bus driver on sick leave not required to pay for substitute.--No school bus driver utilizing sick leave under the provisions of this law | 32-832 through 32-834] shall he required to pay the cost of employing a substitute school bus driver to serve in his absence on such sick leave. (Acts 1962. pp. 670. 671.) 32-829. Same; verification of information; adjustment of funds.--The information required by section 32-826 may be verified by the State 32-835. Corporal punishment of students.--All area, county and inde- Board of Education. In the event the State Board of Education deter- pendent boards of education shall be authorized to determine and adopt mines that the information is not accurate, the funds allotted by this law policies and regulations relating to the use of corporal punishment by [ 32-825 through 32-831] shall be increased or decreased as found by school principals and teachers employed by such area, county and in- their determination, and in the event the funds allotted by this law have dependent boards. been paid to the school district involved, the State Board of Education shall, if their determination should show an overpayment, deduct the (Acts 1964, p. 673.) overpayment from any allotment made to the school district involved from any funds allotted to said school district from State appropriations. 32-836. Same; method of administering punishment.--Where so au- (Acts 1962, pp. 71,72.) thorized by an area, county or independent board of education, any 567 EDUCATION. 32-843 principal or teacher employed by the board, in order to maintain proper control and discipline over pupils placed under his care and supervision, may, in the exercise of his sound discretion, administer corporal punishment on any such pupil or pupils: Provided, however, that such corporal punishment shall not be excessive or unduly severe : and Provided, further, that corporal punishment shall be administered only in the presence of one other principal or teacher employed by the area, county or independent board so authorizing corporal punishment hereunder. (Acts 1964, pp. 673, 674.) 32-837. Same; exemption of principals and teachers from legal action. --No principal or teacher who shall administer corporal punishment to a pupil or pupils under his care and supervision in conformity with the policies and regulations of the area, county or independent board of education employing him, and in accordance also with the provisions of this law [ 32-835 through 32-837], shall, where the corporal punishment is administered in good faith and is not excessive or unduly severe, be held accountable or liable in any criminal or civil action based upon the administering of corporal punishment. (Acts 1964, pp. 673, 674.) 32-838. Professional Teaching Practices Act; teaching declared to be a profession.--It is the intent and purpose of the General Assembly that the practice of teaching, including administrative and supervisory services, shall be designated as professional services. Teaching is hereby declared to be a profession in Georgia, with all the similar rights, responsibilities and privileges accorded other legally recognized professions. (1) This law [ 32-838 through 32-842] shall be known as the "Professional Teaching Practices Act." (2) The members of this profession, under the leadership of the Statewide professional education organization(s), shall develop and provide for adoption of codes of ethics and professional performance. (3) In meeting its responsibilities, the profession shall carry out its activities in accordance with the provisions of the Constitution and laws of the State of Georgia. (4) Upon the adoption of such professional standards as may be determined, those who practice in this profession shall be obligated to abide by these standards. (Acts 1967, pp. 840, 841.) 32-839. Same; professional practices commission; membership; powers; adoption of codes or standards of ethics; violation of standards.-- (1) A professional practices commission is created consisting of 17 members appointed by the State Board of Education on the recommendation of the State Superintendent of Schools. A member, in order to be qualified for appointment, shall be certified to teach in the State of Georgia, and be a citizen of the United States and a resident of this State, and shall have practiced his profession in Georgia for at least five years immediately preceding his appointment. The composition of the commission shall be as follows: four elementary school classroom teachers ; four secondary school classroom teachers ; one elementary school principal; one secondary school principal; two school system superintendents ; one employee of the State Department of Education ; and four persons who are members of and designated as representing State-wide professional education organizations of professional practitioners. (2) The members of the commission shall be nominated by the teaching profession as provided in subsection (3) below, and the names of the nominees shall be submitted by the State Superintendent of Schools to the State Board of Education from which names the State Superintendent of Schools' recommendations shall be taken. (3) A panel of three nominees for each place on the commission for which each group is responsible shall be submitted to the State Superintendent of Schools by each of the following: recognized State-wide general professional education associations; State Board of Education; and by the recognized State-wide professional education organizations representing each of the following: classroom teachers, elementary school principals, secondary school principals, and superintendents. Initial appointments shall be : six for one year, six for two years, and five for three years. Thereafter, terms shall be for three years. A member may be reappointed to the commission only one time. The State Board of Education shall designate the State-wide professional education organizations which shall be entitled to submit nominations. (4) The commission is given the responsibility for developing, with the advice of the teaching profession, criteria of professional practices in the area of ethical and professional performance. (5) (a) The commission shall select its chairman, and, subject to the approval of the State Board of Education, shall have the authority to establish procedures for developing codes or standards of ethics, professional performance, and practices as described herein, to adopt such codes and standards, and to adopt rules and regulations of procedure, providing for filling of vacancies on the commission, and to effectuate the purposes of this law [ 32-838 through 32-842]. (b) The commission shall'have the power to recommend action in cases of violation of the standards of professional practice, as established by it, for all teachers, which shall represent the generally accepted standards within the teaching profession with respect to competent performance and ethical practice toward other members of the profession, parents, students, and the community: Provided, however, that nothing herein shall extend beyond the area of professional ethics and professional performance nor to areas of strictly private views or activities not related to the classroom or professional activity. (c) A violation of any of the standards so adopted shall be deemed to be unprofessional practice. (d) In carrying out its functions of developing standards, the commission may incorporate in its recommendations the proposals developed by any of the committees of any existing professional organizations under the Professional Teaching Practices Act. (6) (a) The commission, in administering this law, after a public hearing may make recommendations to the State Board of Education that a member of the profession be warned or reprimanded, may make recommendations to the State Board of Education in cases involving suspension or revocation of certificates of members of the profession, and may make any recommendations to the State Board of Education or to local or county boards of education which will promote an improvement of the teaching profession. A report of action taken upon such recommendations, including a decision that no action be taken, shall be filed with the commission and a copy delivered to the member affected. (b) In analyzing the charges of breach of ethical or professional practices, the commission may request assistance through any of the investigative processes of any existing professional organization. (7) When acting in good faith in the course of their duties at meetings of the commission, members shall be privileged in their utterances. (Acts 1967, pp. 840, 841; 1968, p. 330.) 32-840. Same; removal from commission.--The commission may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. (Acts 1967, pp. 840, 844.) 32-841. Same; funds.--The commission shall be financed by the Statewide professional education organizations, and not by public funds. The function of the commission is deemed to be in furtherance of educational purposes and the commission shall be authorized to accept gifts and grants for this purpose. (Acts 1967, pp. 840, 844.) 32-842. Same; to whom law applicable.--The provisions of this law [ 32-838 through 32-842], other than the declaration that teaching is a professional service, shall not be construed as applicable to those members of the profession not serving in the public school systems. (Acts 1967, pp. 840, 844; 1968, pp. 330, 333.) 32-843. Regulation of certain contracts for or on behalf of students; State Board of Education to promulgate rules and regulations.--The State Board of Education is hereby authorized to promulgate rules and 32-844 EDUCATION. 568 regulations to regulate contracts or purchases which involve the aggregate sum of $100 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds. (Acts 1968, p. 335.) 32-844. Same; compliance with rules and regulations.--No person shall enter into any contract or make any purchase which involves the aggregate sum of $100 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds unless such person has complied, prior to entering into said contract or purchase, with such rules and regulations as promulgated by the State Board of Education for making purchases for the students in said schools. (Acts 1968, p. 335.) 32-845. Same; disciplinary measures for violations.--Any person who violates the provisions of section 32-844 shall be subject to such disciplinary measures as provided by the State Board of Education. (Acts 1968, p. 335.) 32-846. Students not to be refused admission to school on account of race, creed, color or National origin.--No student shall be refused admission into or be excluded from any public school in the State of Georgia on account of race, creed, color or National origin. (Acts 1970, pp. 89, 90.) 32-902. Membership in county boards.--The grand jury of each county (except those counties which are under a local system) shall, from time to time, select from the citizens of their respective counties five freeholders, who shall constitute the county board of education. Said members shall be elected for the term of four years, and shall hold their offices until their successors are elected and qualified: Provided, however, that no publisher of schoolbooks, nor any agent for such publisher, nor any person who shall be pecuniarily interested in the sale of schoolbooks, shall be eligible for election as members of any board of education or as county superintendent of schools: Provided, further, that whenever there is in a portion of any county a local school system having a board of education of its own, and receiving its pro rata of the public school fund directly from the State Superintendent of Schools, and having no dealings whatever with the county board of education, then the members of the county board of education of such county shall be selected from that portion of the county not embraced within the territory covered by such local system. (Acts 1919, pp. 288, 320.) 32-902.1. Selection of board members by grand jury.--The members of the county boards of education in those counties in which the grand jury selects such members pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 ( 2-6801), as amended, shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace. (Acts 1953, Nov. Sess., p. 334.) 32-847. Students not to be compelled to attend any school on account of race, cread, color cr National origin.--No student shall be assigned to or compiled to attend any school on account of rr.ee. creed, color or Naticnal cr:~:~_, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at t.:-.y school, of Etudents of one or more particular races, creeds, colors or national origins, fcr.d no school district or school system, by whatever name known, shall be established, reorganized or maintained for any such purpose: Provided, however, that nothing contained in this section shall prevent the assignment of a student in the manner requested or authorized by his parent or guardian, but such assignment shall not be mandatory: Provided, further, that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational education institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection of its students as is calculated to promote the religious piinciple for which it is established. (Acts 1970, pp. 89, 90.) 32-848. Teachers not to be compelled to teach at any school on account 32-903. Qualifications of members.--The grand jury in selecting the members of the county board of education shall not select one of their own number then in session, nor shall they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the county board of education, but shall apportion members of the board as far as practicable over the county; they shall elect men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English education and be favorable to the common school system. Whenever a member of the board of education moves his residence into a militia district where another member Of the board resides, or into a district or municipality that has an independent local school system, the member changing his residence shall immediately cease to be on the board and the vacancy shall be filled as required by law. Notwithstanding the foregoing provisions to the contrary, a county may provide by local law that two or more members of the board of education may be selected from the same militia district. (Acts 1919, pp. 288, 321; 1965, p. 124.) of race, creed, color or National origin.--No teacher shall be assigned to or compelled to teach at any school on account of race, creed, color or National origin, or for the purpose of achieving a certain ratio at any school of teachers of one or more particular races, creeds, colors or National origins, and no school district or school system, by whatever name known, shall be established, reorganized or maintained for any such purpose: Provided, further, that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational education institution to select its teachers exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection of its teachers as is calculated to promote the religious principle for which it is estab- lished. 32-904. Compensation of members.--The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local Act. In any county for which no local Act is passed, members of the county board of education shall (when approved by the county board of education affected) receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county superintendent of schools. In all counties the compensation of members of county boards of education shall be paid only from the local tax funds available to county boards of (Acts 1970, pp. 89, 90.) education for educational purposes: Provided, however, that nothing herein contained shall affect a county board of education or school sys- tem created prior to the Constitution of 1877. CHAPTER 32-9. COUNTY BOARDS OF EDUCATION. (Acts 1919, pp. 288, 321; 1943, p. 270; 1957, pp. 648, 649; 1959, pp. 231, 232; 1963, p. 279; 1966, p. 447.) i 32-901. School districts.--Each and every county shall compose one school district, and shall be confided to the control and management 32-905. Certificate of election; removal; vacancies.--Whenever mem- of a county board of education. bers of a county board are elected or appointed, it shall be the duty of (Acts 1919, pp. 288, 320.) the clerk of the superior court to forward to the State Superintendent 569 EDUCATION. 32-912 of Schools a certified statement of the facts, under the seal of the court, as evidence upon which to issue commissions. This statement must give the names of the members of the board chosen and state whom they succeed, whether the offices were vacated by resignation, death or otherwise. The evidence of the election of a county superintendent of schools shall be the certified statement of the secretary of the meeting of the board at which the election was held. Any member of a county board of education shall be removable by the judge of the superior court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office, after opportunity to answer charges; the judges of the superior courts shall have the power to fill vacancies, by appointment, in the county board of education for the counties composing their respective judicial circuits, until the next session of the grand juries in and for said counties, when said vacancies shall be filled by said grand juries. (Acts 1919, pp. 288, 322.) 32-906. Resignation.--When any member of a board or a county superintendent of schools resigns, his resignation shall be tendered in writing to the State Superintendent of Schools. (Acts 1919, pp. 288, 322.) 32-907. Officers of county boards; quorum; record of proceedings.-- The board of education shall elect one of their number president, who shall serve as such during the term for which he was chosen a member of the board. The county superintendent of schools shall be an ex-officio secretary of the board. A majority of the board shall constitute a quorum for the transaction of business. It shall be the duty of said secretary to be present at the meetings of the board, and to record in a book, to be provided for the purpose, all their official proceedings, which shall be a public record open to the inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the president and countersigned by the secretary. (Acts 1919. pp. 288, 322.) 32-908. Sessions.--It shall be the duty of the county board of education to hold a regular session between the 1st and 15th of each month at the county seat for the transaction of business pertaining to the public schools, with power to adjourn from time to time, and in absence of the president or secretary, they may appoint one of their own number to serve temporarily. The county board of education shall annually determine the date of the meeting of said board and shall publish same in the official county organ for two consecutive weeks following the setting of said date: Provided, further, that said date shall not be changed oftener than once in 12 months. (Acts 1919, pp. 288, 323; 1955, pp. 625, 626.) 32-909. School property and facilities.--The county boards of education shall have the power to purchase, lease, or rent school sites, build, repair or rent schoolhouses, purchase maps, globes, and school furniture, and make all arrangements necessary to the efficient operation of the schools. The said boards are invested with the title, care and custody of all schoolhouses or other property, with power to control the same in such manner as they think will best serve the interests of the common schools ; and when, in the opinion of the board, any schoolhouse site has become unnecessary or inconvenient, they may sell the same in the name of the county board of education ; and said county boards of education may convey any schoolhouse site or building, which has become unnecessary or inconvenient for county school purposes and which is located in a municipality, to the municipality wherein said site or building is located to be used by said municipality for educational or recreational purposes in consideration for the municipality's promise and agreement to maintain and keep said property in repair and insured against loss by fire and windstorm ; such conveyance to be executed by the president or secretary of the board, according to the order of the board. They shall have the power to receive any gift, grant, donation or devise made for the use of the common schools within the respective counties, and all conveyances of real estate which may be made to said board shall vest the property in said board of education and their successors in office. In respect to the building of schoolhouses, the said board of education may provide for the same by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by the superintendent and board of education and must be according to the plans furnished by the county school authorities and the State Board of Education. (Acts 1919, pp. 288, 323; 1937, pp. 882, 892; 1946, pp. 206, 207; 1961, pp. 35, 38; 1962, pp. 654,655.) 32-910. Powers of county or other local boards as school court.--The county, city or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary, and when such board has made a decision, it shall be binding on the parties: Provided, however, either party shall have the right to appeal to the State Board of Education, which appeal shall be made through the local superintendent of schools in writing and shall distinctly set forth the question in dispute, the decision of the local board, a transcript of the testimony and other evidence adduced before the board certified as true and correct by the local superintendent and a concise statement of the reasons why the decision below is complained of. This section shall apply to all county, city, or independent school systems in this State, regardless of when created. The State Board shall provide by regulation for notice to the parties and hearing on the appeal. The appellant and the appellee shall be notified by the State Board of Education in writing as to said board's decision on any matter appealed to the board within 25 days of the date of the decision. (Acts 1919, pp. 288, 324; 1947, pp. 1189, 1190; 1961, p. 39; 1969, p. 708.) 32-911. Immunization of children as a prerequisite to admission.--(a) No child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized in appropriate rules and regulations promulgated by the State Board of Health. The child's parent or guardian shall furnish the school to which admittance is sought with a certificate of a physician licensed under the laws of the State of Georgia or public health department acknowledging that the child has been immunized before the child shall be admitted. (b) The State Board of Health shall determine which diseases are to be included in the rules and regulations promulgated by the local boards of health. The State Board of Health shall immediately determine which diseases should be included, and shall convey the list of diseases to the local boards of health. The list of diseases may be revised whenever the State Board of Health deems it necessary, and the local boards of health may revise their rules and regulations accordingly. (c) Any school official, parent or guardian violating the provisions of this section, or the rules and regulations promulgated pursuant thereto, shall be guilty of a misdemeanor and punished accordingly. (d) If, in the discretion of the health authority having jurisdiction or any physician licensed under the laws of the State of Georgia, any child to whom this section applies shall be deemed to have a physical disability which may contraindicate vaccination, a certificate to that effect issued by the health authority or physician may be accepted in lieu of a certificate of vaccination. This exemption shall not apply when such disability shall have been removed. (e) The provisions of this section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which said parent or guardian is an adherent or member: Provided, that immunization may be required in these cases when such disease is in epidemic stages. (Acts 1880-1, p. 97; 1919, pp. 288, 325; 1946. pp. 206, 207; 1957, pp. 455, 456; 1964, pp. 499, 664; 1968, pp. 1436, 1437.) 32-912. Organization; powers and duties.--The county superintendent of schools and county board of education shall make rules to govern the county schools of their respective counties. Upon being called 32-913 EDUCATION. 570 together by some one of their number, after their election, they shall organize by selecting a chairman. The county superintendent of schools shall act as secretary of the board, and keep the minutes of their meetings and make a permanent record of the same, and do any other clerical work that they may direct him to do. Said board may suspend the county superintendent of schools for incompetency, wilful neglect of duty, misconduct, immorality or the commission of crime involving moral turpitude, and may suspend teachers for nonperformance of duty, incompentency, immorality or inefficiency, and for other good and sufficient cause: Provided, however, the county superintendent or teacher shall be given (1) a hearing on the charge or charges preferred against him, (2) 10 days' written notice of the time and place of said hearing-- such notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present this defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witness and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within 30 days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. The provisions of this section shall not apply to school systems created prior to the adoption of the Constitution of 1877. (Acts 1919, pp. 288, 325 ; 1956, p. 747.) 32-913. Employment of teachers.--(Based upon Acts 1887, p. 68; 1889, p. 124; 160 Ga. 480 (128 S. E. 765). Repealed by Acts 1949, pp. 1406, 1420.) 32-914. Reports by teachers.--It shall be the duty of teachers to make and file with school officials designated by the county, independent, or area superintendent of schools records of attendance of pupils. Such records shall be compiled in central records offices or in the place designated by the county or independent city system board of education from daily reports of the teachers or such records may be maintained in registers or by other means as may be provided for by the State Board of Education. Until all required reports shall have been filed by .a teacher, it shall not be lawful for the county superintendent of school? to audit the accounts of said teachers for their services. (Acts 1919, pp. 288. 325; 1969, p. 838.) 32-915. Consolidation of schools.--The board of education of any county shall have the right, if, in their opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools into one school, to be located by said board at a place convenient to the pupils attending the same, the schoolhouse to be located as near the center of the district or districts as practicable. (Acts 1919, pp. 288, 326; 1946, pp. 206, 207.) 32-916. Division of school districts.--(Based upon Acts 1919, pp. 288, 326. Repealed by Acts 1946, pp. 206, 208.) 32-917. Consolidation or rearrangement of districts.--(Based upon Acts 1919, pp. 288, 326; 1941, p. 315. Repealed by Acts 1946, pp. 206, 208.) 32-920. Statement by county superintendents of sums due.--On the first day of each month the county superintendent of schools of each county shall, under the approval of the county board of education, transmit to the State Superintendent of Schools an itemized statement of the various sums due and unpaid by the county board of education whether the same be for teachers' salaries, for pay of the county superintendent of schools or for any other item of expense properly charged under the law to the county board of education, and when said itemized statements have been approved by the State Superintendent of Schools and presented to the Governor, the Governor shall issue his warrants upon the treasurer for all the funds standing to the credit of each of the several counties upon the books of the treasurer, or for such part thereof as may be needed to liquidate the indebtedness of the county board of education of such county, as shown by each itemized statement aforesaid. The State Treasurer shall, upon the presentation of the warrants aforesaid, draw his checks for the amount of said warrants in favor of the county superintendent of schools of the several counties, and the State Superintendent of Schools shall immediately transmit said checks to the several county superintendents of schools, who shall promptly disburse the money so received in payment of the sums set out in the itemized statement aforesaid; and if the money is not sufficient to pay said sums in full, it shall be prorated among the various items: Provided, that the expenses of administration for each month shall first be paid in full, and the county boards of education are hereby authorized to make their contracts in such manner that the amounts payable to teachers for services rendered shall become due and payable monthly. (Acts 1919, pp. 288, 327.) 32-921. Power to borrow money.--The county boards of education of the several counties of this State shall have the power and authority whenever they deem it necessary to borrow sufficient amounts of money, and no more, to pay for the operation of the public schools of their counties: Provided, that no board of education shall have authority under this law to borrow a sum of money greater in the aggregate than the sum which the county board of education may be entitled to receive from the State appropriation and from taxes levied for educational purposes during the year in which such loan is made. (Acts 1919, pp. 288, 328; 1937, pp. 880, 882.) 32-922. Resolution authorizing loan.--In order for any board of education to borrow money for the purposes hereinbefore stated, there shall be passed by said board a resolution authorizing said money to be borrowed, in which resolution shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid, for what purpose borrowed and from whom the same is to be borrowed, which resolution shall be by the county superintendent of schools recorded on the minutes of the meetings of said board of education. (Acts 1919, pp. 288, 328.) 32-923. Term of loan.--No money shall be borrowed for any longer time than is necessary, and the same shall be paid back out of any funds coming into the hands of the county superintendent of schools that can be legally applied to the payment of the same. (Acts 1919, pp. 288, 328.) 32-924. Interest on money borrowed.--Said board of education so borrowing money shall borrow the same at as low a rate of interest as possible, and they are authorized to pay the interest on said money out of the public school fund for said county. (Acts 1919, pp. 288, 329.) 32-918. Annual appropriation for consolidated schools.- -(Based upon Acts 1927, p. 157. Repealed by Acts 1937, pp. 882, 891.) 32-919. Transportation of pupils and teachers.--(Based upon Acts 1911, pp. 105, 106; 1919, pp. 288, 327; 1927, p. 74; 160 Ga. 480 (128 S. E. 765); 1946, pp. 206, 208. Repealed by Acts 1947, p. 1461.) 32-925. Reports to grand juries.--At the opening term of the superior court of each county, where money has been borrowed by the board of education under the provisions of this law, the county superintendent of schools shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date nr dates the same was borrowed and when paid back. (Acts 1919, pp. 288, 329.; 571 EDUCATION. 32-939 32-926. Notes for money borrowed.--After the resolution aforesaid has been passed by any board of education, the president of the board of education, together with the county superintendent of schools, shall have the right to execute a note or notes in the name of the board of education of said county for any money that is authorized to be borrowed under the resolution passed by said board of education. (Acts 1919, pp. 288, 329.) 32-927. How money used.--When any money shall be borrowed under the provisions of this law, the same shall be paid over to the county superintendent of schools and become a part of the public school fund of said county. The county superintendent of schools shall be responsible for any money borrowed under the authority of this law and paid into his hands in the same way and to the same extent that he is responsible for any other public school funds coming into his hands. (Acts 1919, pp. 288, 329; 1964, p. 169.) 32-928. Expenditures in excess of appropriations; exception of contracts for transportation of pupils.--It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year: Provided, county boards, of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation thereof shall be void. (Acts 1919, pp. 288, 329; 1947, p. 1142.) 32-929. Warrants in anticipation of revenue.--For the purpose of anticipating collection of the taxes of any year, the Governor is authorized to draw his warrant at the end of each and every month during any year, in the favor of the State Superintendent of Schools or of the several county superintendents of schools and treasurers of local school systems, in the discretion of the State Board of Education, for such amount or amounts as are then due to the teachers. Said warrants shall be drawn on the funds appropriated by the legislature for any year, and shall not exceed in the aggregate amount the appropriation for the public schools so made for that year. The honor of the State is pledged to the payment thereof. (Acts 1919, pp. 288, 330.) 32-930. Sale of warrants at discount.--It shall be lawful to sell at a discount said warrants to any person, bank, or banking institution, the said sale to be made at the lowest possible rate of discount. (Acts 1919, pp. 288, 330.) trict or system: (1) to acquire real property and to acquire, construct and equip buildings and facilities for education beyond the 12th grade and to convey any such property so acquired to the Regents of the University System of Georgia, its successors or assigns; (2) to contribute funds to the Board of Regents of the University System of Georgia, acting for and on behalf of the Regents of the University System of Georgia, to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the 12th grade. In addition to the foregoing powers, each such governing body shall have the right and authority to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes: Provided, only, that prior to exercising such right or authority any such board of education or governing body shall have agreed by contract to convey any such property so acquired or to contribute such funds and the Board of Regents of the University System of Georgia, acting as aforesaid, shall have agreed to accept any such property or contribution and to acquire, construct and equip such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia, rather than as a part of the public school system of this State. (Acts 1919, pp. 288, 330; 1963, pp. 617, 618.) 32-934. Industrial education in public schools. Department of industrial education.--The board of education, or other constituted authorities having charge of the public schools in those counties or municipal corporations having a system of public schools supported by local taxation, may open and annex to said schools, in their discretion, a department of industrial education, in which the students may be taught agriculture, home economics, or trades and industries under such rules and regulations as may be prescribed by the State Board of Education. It shall be lawful to procure the necessary equipment and pay teachers, and the said board, or other constituted authority, shall determine the number of such schools, the place where located, and the terms of sessions of same, together with the ages at which children may attend the same. (Acts 1919, pp. 288,331.) 32-935. School fund.--Fifty per cent, of all revenues received by the State from all sources of income or taxation shall be used and expended for the support and maintenance of the common schools for the year in which said income or taxes are due and payable. (Acts 1919, pp. 288, 331.) 32-931. Manual labor schools, organization of.--The county board of education may organize in each county one or more manual labor schools on such a plan as may be self-sustaining: Provided, that the plan be first approved by the State Board of Education. (Acts 1919, p. 86; 1919, pp. 288, 330.) 32-932. Evening or part-time schools, establishment of.--The board of education of any county or municipality shall have power to establish, at such places as they may deem proper, a suitable number of evening or part-time, schools for the instruction of youths over 14 years of age who are prevented by their daily vocations from attending the all-day schools, subject to such regulations as may be provided by the State Board of Education. (Acts 1919, pp. 288, 330.) 32-933. High schools; establishment; number.--The board of education of any county school district or the governing body of any independent school system shall have the right to establish one or more high schools or junior high schools as in their opinion may be necessary and may be possible through local taxation funds and in addition any such governing body in providing an adequate public school system shall have the right and authority either alone or in conjunction with another dis- 32-936. Unused school fund.--(Based upon Acts 1919, pp. 288, 317. Repealed by Acts 1937, pp. 882, 891.) 32-937. Free tuition; admission of veterans of World War II.--Admissions to all common schools shall be gratuitous to all children between the ages of six and 19 years residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State. The board of education of any county, city or independent school district is hereby authorized to promulgate rules and regulations concerning the right of married students to attend the common schools of this State. (Acts 1919, pp. 288, 331; 1945, p. 397; 1961, pp. 35, 37; 1961, pp. 201, 202.) 32-938. County line schools.--(Based upon Acts 1919, pp. 288, 331; 1946, pp. 206, 208. Repealed by Acts 1964, pp. 3, 48.) 32-939. County entitled to part of funds.--(Based upon Acts 1919, pp. 288, 332. Repealed by Acts 1937, pp. 882, 891.) i4\ i 32-940 EDUCATION. 572 32-940. Failure to arrange for schools.--Whenever a board of education shall fail in any year to make arrangements to put schools in operation, it shall forfeit all rights to participation in the school funds of that year, unless the failure to arrange for such schools was from providential cause, or other good and sufficient reason to be judged of by the State Board of Education. (Acts 1919, pp. 288, 332.) 32-941. Liability for and distribution of funds.--When the funds drawn under apportionment, and any funds raised by local taxation, are placed in the hands of any county superintendent of schools, he shall be liable on his official bond as treasurer for all amounts received, and shall disburse the same only upon the order of the county board of education, and the said county superintendent shall not be entitled to compensation for receiving any funds as herein provided. (Acts 1919, pp. 288, 332.) 32-942. School fund to be kept separate; investments.--When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep the same separate and distinct from other funds; and said funds shall be used for educational purposes and none other, and when taxes are paid into the treasury of the State the Comptroller General shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the States, United States, municipalities of this State, or certifi- cates of deposit. (Acts 1919, pp. 288, 333; 1969, p. 721.) 32-943. School property exempt from levy and sale.--Each and every lot or parcel of land which has been or may hereafter be obtained by any county board of education or independent school district, together with any buildings erected thereon for school purposes, and all school furniture, shall be exempt from levy and sale under any execution or other writ or order in the nature of an execution: Provided, the lot ot land so exempted shall not exceed 10 acres; and if there be any excess over that number of acres, then that portion not to exceed 10 acres most convenient for school purposes shall be exempt as aforesaid, the exempted portion to be set off by order of county board of education or boards of trustees of independent school systems. (Acts 1919, pp. 288, 333; 1926, Extra. Sess., p. 17; 1946, pp. 206, 209.) 32-946. Classification of receipts and expenditures.--(Based upon Acts 1925, np. 135. ReDpeeaaled bvy Acts 1937., pDpO. 882,. 8911..1) 32-947. Duplicate copies of budget. Approval. Duties of State Superintendent.--(Based upon Acts 1925, p. 135. Repealed by Acts 1937, pp. 882, 892.) 32-948. Extra appropriation to common school fund. Equalization fund provided.--(Based upon Acts 1926, Extra. Sess., pp. 39, 40. Repealed by Acts 1949, pp. 1406, 1420.) 32-949. Sale of supplies or equipment by member of county board of education, for public school use, prohibited.--No member of any county board of education in this State shall sell to any county board of education any supplies or equipment used, consumed or necessary in the operation of any public school in this State. (Acts 1943, pp. 273, 274.) 32-950. Effect of partial unconstitutionality of law.--Should any provision of this law [ 32-949, 32-1014, 32-9908] be declared unconstitutional, it is hereby declared to be the intent of the General Assembly that the part of the law not declared unconstitutional would have been enacted without the unconstitutional provision. (Acts 1943, pp. 273, 274.) 32-951. Power to condemn private property for school purposes.--The county boards of education, the independent school systems referred to in Article VIII, Section VII, Paragraph I of the Constitution of 1945 ( 2-7001) and the public school systems referred to in Article VII, Section X, Paragraph I of the Constitution of 1945 ( 2-6301), are hereby authorized and impowered to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes, in connection with the common schools, high schools or any public educational program which is now or may be hereafter authorized by law. (Acts 1947, pp. 1130, 1131; 1956, p. 100.) 32-952. Same; procedure.--Condemnation proceedings by such boards and systems shall take the form provided in Chapters 36-1 through 36-6 or the form provided in Chapter 36-11. (Acts 1947, pp. 1130, 1131; 1953, Nov. Sess., pp. 174, 175; 1956, p. 100.) 32-944 Extension work in agriculture and home economics; powers conferred.-Power is hereby conferred upon the county tax levying authorities of the several counties, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under *e provisions of Act of Congress, approved May 8, 1914 (Barnes' Federal Code, 8413 8414, 8518 USCA Title 7. Agriculture, sections 341 to 348), and Resolution of the General Assembly, under date of August 14, 1914, giving assent of the State to said Act of Congress, by employing county agricultural agents and home demonstration agents and supervising their work, and paying therefor. The board of education of the several counties may employ and pay county agents and home demonstration agents to carry on said extension work. (Acts 1922, pp. 81,82; 1923, p. 88.) 32-945. Annual budget to be filed with State Board of EducationEach county and independent public school system receiving funds from the State shall annually, through its executive officer, make out and submit to the State Board of Education an estimated budget of its receipts from all sources and its proposed expenditures for the next year, according to blank forms to be prescribed and furnished by the State Board of Education, and upon such dates as may be required by the State Board of Education, and the filing of such estimated budgets shall be made before the State Superintendent of Schools may transmit to such public school systems any of the State school funds for the year for which such budget is made. (Acts 1925, p. 135.) 32-953. Authorized purchases by county and city boards of education.--County and city boards of education, upon approval of majority members of such board, are hereby authorized to expend funds for the purchase of educational information, literature and services. (Acts 1952, p. 334.) 32-954. Reorganization of schools by boards of education; fixing number of grades.--The board of education of any county or independent school system is hereby authorized and impowered, if, in their opinion, the welfare of the schools of the county or independent system and the best interests of the pupils require, to reorganize the schools within their jurisdiction and to determine and fix the number of grades to be taught at each school in their respective systems. (Acts 1953, Nov. Sess., pp. 282, 283.) CHAPTER 32-10. COUNTY SUPERINTENDENTS OF SCHOOLS. 32-1001. County superintendent substituted for county school commissioner.--The office of county superintendent of schools shall be substituted for the office of county school commissioner. (Acts 1919, pp. 288, 349.) JW 573 EDUCATION. 32-1009 32-1002. (1489) Election and terra of office. Residents of independent system disqualified to vote.--All county superintendents of schools shall be elected by the qualified voters of their respective counties quadrennially on Tuesday after the 1st Monday in November, for terms of four years beginning on the 1st day of January following the day of election. Each shall hold office until his successor is elected and qualified: Provided, if there is in any county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in any primary or election for the county superintendent. However, this section shall not disqualify registered, qualified voters residing in the limits of a quasiindependent school district from voting in any primary or election for county superintendent of schools. (Acts 1887, p. 68; 1909, p. 154; 1914, p. 47; 1919, pp. 288, 349; 1931, p. 124. Const. 1945, Art. XI, Sec. II, Par. I ( 2-7901). 172 Ga. 497, 500 (158 S. E. 11).) 32-1003. Vacancies, how filled.--In the event of a vacancy by death, resignation, removal from office, or from any cause whatever, in the office of an elected county superintendent of schools in any county, or upon the death or disqualification of a county superintendent of schools elect, between the date of his election and the date that he assumes office, the vacancy shall be filled as follows : 1. In the event of a vacancy by death, resignation, removal from office, or from any other cause whatever, and there is less than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools for the unexpired term. 2. In the event there is more than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools to serve for a period of 30 days and until the vacancy can be filled as herein provided. In such event, it shall be the duty of the ordinary to issue a call, within 10 days after the vacancy occurs, for a special election to fill the vacancy for the unexpired term. Such election shall be held in accordance with the provisions of the Georgia Election Code. 3. In the event of the death or disqualification of a county superintendent of schools elect preceding the date that he was to have assumed office, it shall be the duty of the ordinary, within 10 days after the death or disqualification occurs, to issue the call for a special election to elect a county superintendent of schools for the term to which the county superintendent of schools elect was elected. Such election shall be held in accordance with the provisions of the Georgia Election Code. The incumbent county superintendent of schools shall hold over until his successor is elected as herein provided. (Acts 1919, pp. 288, 350; 1958, p. 635; 1969, p. 289.) 32-1004. Qualifications of county superintendents.--Before any person shall be qualified or eligible to hold office of the county superintendent of schools, he shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that he be a citizen of the county if elected or appointed by the board of education, he shall have earned and hold a five-year degree from an accredited college or university, or shall have not less than a four-year degree earned and held from an accredited college or university and shall have registered for courses leading toward obtaining the requirements of a five-year certificate, and shall have had not less than three years of actual teaching or education administration experience, and shall be a person of good moral character, never convicted of any crime involving moral turpitude. Before becoming eligible to qualify for election or appointment, candidates for the position of county school superintendent of schools must file with the State Board of Education a certificate under oath, showing qualification hereunder; Provided, that this section shall not affect any school system in existence prior to the adoption of the Constitution of 1877, nor any superintendent of schools of any such school system. (Acts 1919, pp. 288, 350; 1963, p. 356.) 32-1005. Bond.--The county superintendent of schools must give bond with an approved surety company payable to the county board of education, the amount to be decided by the board. This bond must be filed with the ordinary and a copy recorded on the ordinary's records; and it shall be the duty of the ordinary to send a certified copy of the superintendent's bond to the State Superintendent of Schools, which copy shall be recorded and kept on file at the State Board of Education. (Acts 1919, pp. 288, 350; 1925, p. 250.) 32-1006. Compensation.--Each county superintendent of schools shall be certified and classified by the State Board of Education as teachers are now classified and certified under the provisions of Acts 1937, pp. 882, 885, known as an Act to equalize educational opportunities throughout the State. The county superintendents of schools shall receive salaries in amounts fixed by the State Board of Education, based on classification and certification in the same manner teachers are paid under said Act: Provided, however, that in no event shall the salary of a county school superintendent be less than $70 per month, said salaries to be paid monthly out of the school funds of the State, and, in addition thereto, the county board of education shall allow for additional compensation for the services to be rendered, as may be in their judgment proper and just. The county superintendent of schools may employ clerical and office help and the county board of education may compensate him for the expenses of such help, as in their judgment is reasonable and proper. (Acts 1919, pp. 288, 35C; 1943, pp. 274, 275; 1946, p. 73; 1947, p. 1169; 1951, pp. 628, 629.) 32-1007. Oath.--Before entering upon the discharge of his official duties the said county superintendent of schools shall take and subscribe to the same oath required of the other officers of this State. (Acts 1919, pp. 288, 351.) 32-1008. Removal from office; notice and hearing.--The county superintendent of schools may be removed from office before the expiration of his term by a majority vote of the board of education or inefficiency, incapacity, neglect of duty or malfeasance or corruption in office: Provided, however, the county superintendent shall be given (1) a hearing on the charge or charges preferred against him, (2) 10 days' written notice of the time and place of said hearing--such notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within 30 days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board: Provided, that this section shall not apply to any public school system established prior to the adoption of the Constitution of 1877. (Acts 1919, pp. 288, 351; 1947, pp. 1189, 1190; 1956. pp. 629, 630.) 32-1009. Duties.--The county superintendent of schools shall constitute the medium of communication between the State Superintendent of Schools and the subordinate school officers. He shall be the agent of the county board in procuring such school furniture, apparatus, and educational requisites as they may order, and shall see that none but the prescribed textbooks are used by the pupils; shall audit all accounts before an application is made to the county board for an order for payment; he shall procure a book in which he shall keep a record of his official acts, which, together with all the books, papers ant' property appertaining to his office, he shall turn over to his successor. It shall be his duty to enforce all regulations, rules, and instructions of the State 32-1010 EDUCATION. 574 Superintendent of Schools and of the county board of education according to the laws of the State and the rules and regulations made by the said board of education that are not in conflict with the State laws; and he shall, together with the State supervisors, superintend the county normals and institutes for the teachers of his county, and shall visit every school, both white and colored, within his school district which receives State aid, at least once every 60 days, and familiarize himself with the studies taught in said schools, see what advancement is being made by the pupils, advise with the teachers and otherwise aid and assist in the advancement of education. (Acts 1919, pp. 288, 351.) 32-1010. Examination and suspension of teachers.--The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his supervision for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes. From his decision the teacher may appeal to the county board of education, and either the superintendent or the teacher, being dissatisfied with the decision of the board, may appeal to the State Board of Education, the decision of which shall be final: Provided, that this section shall not apply to any public school system established prior to the adoption of the Constitution of 1877. (Acts 1919, pp. 288, 352; 1947, pp. 1189, 1191.) in writing to the county board of education, who shall grant to the applicants licenses of the first, second or third grade, to be determined by the qualifications exhibited and the standard attained: Provided, they shall attain at least the lowest grade mark fixed by the State Superintendent of Schools for each grade: and Provided, further, that each applicant submits with his or her examination paper satisfactory evidence in writing of good moral character. A license of the first grade shall continue in force for three years, a license of the second grade for two years, and a license of the third grade for one year, which said licenses shall be good in any of the common schools of the county where issued. Licenses to be good in another county other than the one in and for which they are issued must be indorsed by the county superintendent of schools of the county in which the applicant desires to teach. (Acts 1919, pp. 288, 354.) 32-1019. Revocation of teachers' licenses.--The county superintendent of schools shall have power, and it shall be his duty, to revoke licenses granted by him or his predecessors, for incompetency, immorality, cruelty to pupils, or neglect of his duties, and ihe revocation of the license of any teacher shall terminate the connection of said teacher with any school in which he may have been employed to teach ; but any teacher so dismissed shall have the right to appeal to the county board of education. (Acts 1919, pp. 288, 355.) 32-1011. Seal to be placed upon teacher's license.--County superintendents of schools shall place upon all teachers' licenses issued by them the seal of the board of education of the county for which they are superintendents. (Acts 1919, pp. 288, 352.) 32-1020. Duties of teachers.--Each teacher shall keep an accurate account of the number of pupils entering the school room and the number of days of actual attendance. For this purpose, the teacher shall be provided with a register by the local school authorities or she may be provided with forms on which to make daily reports of attendance 32-1012. Office of superintendent in courthouse.--The county authorities of the different counties shall furnish the county superintendent of schools thereof an office in the courthouse, provided there is sufficient room in said courthouse after furnishing the county officers with offices through the principal to a central records office where accumulated records are maintained. It shall not be legal to make the final salary payment to any teacher until all required reports have been made. (Acts 1919, pp. 288, 356; 1969, pp. 838, 839.) as now provided by law. 1\ (Acts 1919, pp. 288, 352.) 32-1013. Who may administer oaths.--The county superintendent of schools and members of the county board of education are authorized 32-1021. Vocational studies; certificates.--In vocational agriculture, trade and industrial and home economics education, the certification of teachers by the State Board of Education is authorized. (Acts 1919, pp. 288, 356; 1931, pp. 7, 40.) to administer oaths necessary in transacting school business or in con- ducting investigations before the county boards when sitting as judicial 32-1022. Teachers' oath.--Every teacher in the public schools of this f tribunals for determining controversies arising under school laws. (Acts 1919, pp. 288, 352.) State whether elementary, high school, college or university, and all other employees of the State or subdivision thereof drawing a weekly, monthly, or yearly salary, shall, before entering upon the discharge of 32-1014. Reports.--It shall be the duty of the county superintendent their duties, take and subscribe a solemn oath to uphold, support, and of schools to make a report of the school operations of the preceding defend the Constitution and laws of this State and of the United States, fiscal year to the grand jury, at the fall term of the court, and to place and to refrain from directly or indirectly subscribing to or teaching his books before them for examination ; and in making up the general any theory of government or economics or of social relations which is in- presentments it shall be the duty of the jury to take proper notice of consistent with the fundamental principles of patriotism and high ideals the matters thus brought to their attention. of Americanism. (Acts 1919, pp. 288, 353; 1939, p. 198; 1943, p. 273.) (Acts 1935, pp. 1305, 1306.) 32-1015. Examination and license of teachers.--(Based upon Acts 1919, pp. 288, 353. Repealed by Acts 1937, pp. 882, 892.) 32-1016. Schools locally established and maintained.--(Based upon Acts 1919, pp. 288, 354. Repealed by Acts 1937, pp. 882, 892.) 32-1017. Local county and municipal systems.--None of the provisions of this law shall apply to local county school systems which were in existence at the time of the adoption of the Constitution of 1877. 32-1023. Form of oath prescribed by State Superintendent.--The form of such oath shall be prescribed by the State Superintendent of Schools, and the oath of each teacher shall be filed in the office of the Superintendent of Schools of the county or other school system in which such teacher is employed; other employees shall file their oaths with the department in which they may be employed; which oaths shall be annually renewed. (Acts 1935, pp. 1305, 1306.) (Acts 1919, pp. 288, 354.) 32-1024. Teacher not to be employed unless oath taken.--No teacher or employee who shall fail or refuse to take and subscribe such oath L 32-1018. Grading of applicants for teachers' licenses.--It shall be the duty of the county superintendent of schools to grade the applicants shall be employed in any school, college, or university or other office or position of this State, or be paid from the public school fund or by according to the instructions furnished them by the State Superinten- any other public fund. dent of Schools, submitting his report and recommendations thereon (Acts 1935, pp. 1305, 1306.) 575 EDUCATION. 32-1115 CHAPTER 32-11. LOCAL TAX FOR PUBLIC SCHOOLS. 32-1101. Each county to compose one school district; management by county board of education.--Pursuant to the amendment to the Constitution adopted in 1945, each county of this State, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a county board of education. (Acts 1919, pp. 288, 333; 1946, pp. 206, 209.) 32-1102. Local tax districts across county lines.--(Based upon Acts 1919, pp. 288, 334. Repealed by Acts 1946, pp. 206, 209.) 32-1103. Failure to lay off districts.--(Based upon Acts 1919, pp. 288, 334. Repealed by Acts 1946, pp. 206, 209.) 32-1104. Local school trustees; appointment, qualifications, tenure, officers.--The county board of education of each county, exclusive of those counties having local school systems created prior to the adoption of the Constitution of 1877, may within 30 days from the enactment of this law appoint not less than three nor more than five local school trustees for each school in the county. Each person so appointed shall be a freeholder and manifestly interested in education, and be a resident of the county where he is appointed. Each person so appointed shall have a term of four years, and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise, the county board of education shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill said vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation : Provided, nevertheless, the trustees of each school district as constituted prior to August 7, 1945, shall be the trustees of each school in said district until their respective terms expire. (Acts 1919, pp. 288, 335; 1946, pp. 206, 209.) 32-1105. Same; duties; transfer of funds by treasurer of former trustees.--The duties of the school trustees appointed or elected by the county board of education, as aforesaid, shall be advisory in nature. They shall make recommendations to the county board of education as to budgets, employment of teachers, and other authorized employees, and as to other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory and the county board of education is not bound to observe or follow the same. They shall serve without compensation. The bonded treasurer of each consolidated or local school district now serving as such shall, within 30 days from the effective date of this section, turn over to the county board of education all school funds now held by him or deposited in his name or in the name of the local or consolidated school district in any county or State depository, either derived from maintenance tax or from taxes levied to retire bonded indebtedness of the school districts in which he serves, and shall take a receipt therefor from the secretary of the county board of education, and shall also turn over to said board all books, papers, receipts, documents and other property belonging to the school district of which he is treasurer. Upon the failure of said treasurer to do so, the county board of education may, by mandamus, compel him to do so. (Acts 1919, pp. 288, 336; 1946, pp. 206, 210.) 32-1106. Collection of school taxes by county tax collector; commissions.--The county tax collector shall continue to collect unpaid county school taxes formerly levied and payable under the provisions of this section, and shall be entitled to commission of two and one-half per cent, for collecting the same. He shall pay over to the board of education all moneys collected for the schools once a month. He shall also collect all county school taxes levied under the authority of Article VIII, Section XII, Paragraph I [ 2-7501] of the Constitution of 1945 of this State, upon which collections he shall receive a commission of two and one-half per cent. He shall likewise pay over to the county board of education, once a month, all moneys collected tinder such levies. In those counties where the tax collector or tax commissioner is on a salary basis the fees herein provided for shall be collected by him and paid over to the proper fiscal authorities. (Acts 1919, pp. 288, 337; 1946, pp. 206, 211.) 32-1107. Election expenses.--The expense of an election held in a county or district to determine whether there shall be local taxation for the support of common or public schools, as provided for by the preceding section, shall be paid by the county and shall not be taken from the common or public school fund. (Acts 1919, pp. 288, 338.) 32-1108. Election for school districts.--(Based upon Acts 1919, pp. 288, 338. Repealed by Acts 1946, pp. 206, 211.) 32-1109. Local tax election for municipalities.--Any municipality authorized by law to establish and maintain a system of public schools by local taxation, in whole or in part, and which is not now specifically authorized to hold an election on the question of local taxation for school purposes, shall have the right to submit the question of local tax for public schools to the qualified voters of the municipality. Upon petition of one-fourth of the qualified voters of such municipality, the municipal authorities shall order an election to be held not earlier than 40 days after receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the municipality 10 days prior to the election. Those favoring local taxation for public schools shall have written or printed on their ballot "For local taxation for public schools," and those opposed shall have written or printed on their ballots "Against local taxation for public schools." The returns of such election shall be made and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every 12 months. (Acts 1919, pp. 288, 339.) 32-1110. Election to repeal local tax law.--(Based upon Acts 1919, pp. 288, 339. Repealed by Acts 1946, pp. 206, 211.) 32-1111. Local school systems.--Authority is given by the Constitution to municipalities now authorized by law to operate independent school systems to maintain public or common schools in their respective units by local taxation. (Acts 1919, pp. 288, 340; 1946, pp. 206, 211.) 32-1112. School systems in cities and towns.--(Based upon Acts 1919, pp. 288, 340. Repealed by Acts 1946, pp. 206, 211.) 32-1113. Transfer to county board of education of records, property, and funds of former local tax districts.--Within 30 days from the effective date of this section the secretary of each school district which formerly levied a local tax for educational purposes shall turn over to the county board of education all of his official books, records, receipts, school funds, vouchers, and other school property held by him, together with all tax digests which he was required to keep. (Acts 1946, pp. 206, 211,212.) 32-1114. Tax collector, duties of.--(Based upon Acts 1919, pp. 288, 342. Repealed by Acts 1946, pp. 206, 212.) 32-1115. Tax returns of citizens; arbitration.--(Based upon Acts 1919, pp. 288, 342. Repealed by Acts 1946, pp. 206, 212.) 32-1116 EDUCATION. 576 32-1116. Corporate property subject to taxation.--All property, both real and personal, including franchises, belonging to railroads, telegraph and telephone companies, and to all other corporations which are required to make their returns to the Comptroller General, which is in the taxable limit of any school district, shall be subject to taxation by said school district as fully and completely as is the property of the other corporations within such taxable limits. (Acts 1919, pp. 288, 342.) 32-1124. Application of this law.--(Based upon Acts 1919, pp. 288, 345. Repealed by Acts 1946, pp. 206, 212, 213.) 32-1125. Elections, how governed.--(Based upon Acts 1919, pp. 288. 345. Repealed by Acts 1946, pp. 206, 212, 213.) 32-1126. General school laws to be observed.--(Based upon Acts 1919, pp. 288, 345. Repealed by Acts 1946, pp. 206, 211, 212.) 32-1117. Returns of corporate property and distribution for taxation.-- It is the duty of every such corporation, in addition to the facts now required to be included in their returns to the Comptroller General, to show in said returns the value of such corporation's property in each of said school districts through which it runs. For the purpose of enabling such corporation to show in said returns the value of its property in such school districts, it is hereby made the duty of the county superintendent of schools of each county to furnish to each such cor- 32-1127. Power to levy and collect taxes.--Power is hereby delegated to, and conferred upon, the several counties to levy and collect taxes for educational purposes in such amounts as the county authorities shall determine, the same to be appropriated to the use of the county board of education, and the educational work directed by them. (Acts 1922, pp. 81, 82.) poration information as to the boundaries of each school district in which said corporation may have property such as will enable such corporation to determine the amount of its property in such district, and he 32-1128. Additional tax levy election; conduct.--(Based upon Acts 1922, p. 153. Repealed by Acts 1946, pp. 206, 213.) shall also furnish similar information whenever the boundaries of any school district may be changed. The rolling stock, franchises and other personal property of said corporations shall be distributed to said school districts on the same basis that rolling stock, franchises and other personal property are distributed to counties and municipalities under the law; that is, as the 32-1129. Additional tax to be specified. Successive elections.--(Based upon Acts 1922, pp. 153, 154. Repealed by Acts 1946, pp. 206, 213.) 32-1130. Levy of tax.--(Based upon Acts 1922, pp. 153, 154. Repealed by Acts 1946, pp. 206, 213.) value of the property located in the particular district is to the whole located property, real and personal, of said corporation, so shall the amount of rolling stock, franchises, and other personal property be 32-1131. Election to repeal additional tax levied.--(Based upon Acts 1922, pp. 153, 154. Repealed by Acts 1946, pp. 206, 213.) distributed for taxing purposes to each school district. (Acts 1919, pp. 288, 342.) 32-1132. Board of trustees of local school district authorized to borrow to pay teachers for current year.--(Based upon Acts 1926, Extra. Sess., 32-1118. Other provisions made applicable. County board to recom- p. 38. Repealed by Acts 1946, pp. 206, 213.) mend school tax rate to fiscal authorities.--All of the other provisions of Chapter 92-27, so far as they can be applied, are applicable to the 32-1133. Resolution to borrow to be recorded in minute book of trus- assessment and collection of taxes of all such companies and corpora- tees.--(Based upon Acts 1926, Extra. Sess., p. 38. Repealed by Acts , tions which are required by law to make their returns to the State 1946, pp. 206, 213.) Revenue Commissioner by and for school districts upon the property and franchises of such companies located in such school districts and upon the rolling stock, franchises and other personal property distributed under the provisions of this Chapter. The county board of education shall annually recommend to the fiscal authorities of the county 32-1134. Chairman of board of trustees with secretary to execute notes for loan.--(Based upon Acts 1926, Extra. Sess., pp. 38, 39. Repealed by Acts 194o, pp. 206, 213.) the rate of levy to be made for taxes for the support and maintenance of education in the county (exclusive of property located in independent school districts), and likewise notify the State Revenue Commissioner 32-1135. Period of loan. Repayment.--(Based upon Acts 19-i6, Extra. Sess., pp. 38, 39. Repealed by Acts 1946, pp. 206, 213.) of the rate of the levy to be made on such property in said county for the support and maintenance of education. (Acts 1919, pp. 288, 343; 1946, pp. 206, 212.) CHAPTER 32-12. MERGER OF INDEPENDENT SCHOOL SYSTEMS. 32-1119. Secretary and treasurer, reports by and compensation of.-- (Based upon Acts 1919, pp. 288, 344. Repealed by Acts 1946, pp. 206, 212.) 32-1201. Municipality or independent school district authorized to repeal special school law. Procedure, etc.--Whenever the citizens of a municipality or independent school district authorized by law to estab- 32-1120. Bond to treasurer.--(Based upon Acts 1919, pp. 288, 344. Repealed by Acts 1946, pp. 206, 212, 213.) 32-1121. Failure to give bond.--(Based upon Acts 1919, pp. 288, 344. Repealed by Acts 1946, pp. 206, 212, 213.) lish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the county schools system, wish to annul their special school law and become a part of the county school system, they shall present and file with the mayor or chief executive^)fficer of the city a petition signed by one-fourth of the qualified voters of their territory, and said mayor or chief executive officer shall then within not less than 20 days and 32-1122. Method of disbursement.--(Based upon Acts 1919, pp. 288, not more than 60 days thereafter call an election. Notice of such an 344. Repealed by Acts 1946, pp. 206, 212, 213.) election shall be published once a week for two weeks in the paper in which the sheriff of the county publishes his advertisements, and posted 32-1123. Transfer to county board of education of books, records, and at three public places within the territory concerned, at least 10 days property of school district.--The treasurer or the secretary and treasurer prior to such election. The election shall be held at the place and in the L shall, within 30 clays from the effective date of this section, turn over to manner of usual elections. Those favoring the repeal of the independent the county board of education all official books, records, and vouchers, local law shall have written or printed on their ballots "For Repeal," together with any other property belonging to the school district which and those against repealing their independent local law shall have writ- he represents. (Acts 1946, pp. 206, 212, 213.) ten or printed on their ballots "Against Repeal." The returns of said _^Wi( 577 EDUCATION. 32-1402 election shall be made to the mayor or chief executive officer, who shall declare the result, and a majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose oftener than every 12 months. (Acts 1926, Extra. Sess., p. 40.) 32-1202. Proceedings after election.--When the results of said election are declared and published in favor of repealing such independent school system, making the territory included in said system thereby to become a part of the county school system, said independent or local school system shall continue to function under its local laws, organizations, and regulations until the county board of education shall arrange for the operation by them of such school or schools within said local system as a part of their public school system. (Acts 1926, Extra. Sess., p. 40.) 32-1203. Territory formerly included constitutes school district.-- Where any local or independent system is repealed by and in the manner provided in sections 32-1201 and 32-1202, the territory formerly included in such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes: Provided, that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts. (Acts 1926, Extra. Sess., p. 40.) 32-1304. Sick leave.--Each person employed as a teacher in any public school of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year, but not cumulative from one school year to the next. A teacher may utilize sick leave upon the approval of the principal of the school in which such teacher is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the teacher's immediate family. Teachers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonwork days. No teacher utilizing sick leave under the provisions of this section shall be required to pay the cost of employing a substitute teacher to serve in his absence on such sick leave. (Acts 1953, Nov. Sess., p. 43.) 32-1304.1. Use of sick leave for personal or professional reasons.-- During any school year, a teacher may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons, if prior approval of his absence is given by the superintendent or his authorized representative. (Acts 1970, p. 459.) CHAPTER 32-13. PAYMENT OF TEACHERS. 32-1301. Governor's authority to make debt to pay teachers.--Pursuant to the amendment to Article VII, Section III, Paragraph I (Const. 1945, 2-5601), of the Constitution of this State, authorizing the contraction by or on behalf of the State of a debt in an amount of $3,500,000 for the purpose of paying the public school teachers, the Governor is hereby authorized and impowered to execute a note or notes for such amount and for such time of payment as the condition of the treasury may demand, at any time in his discretion, for the purpose of paying the public school teachers. The aggregate of said note or notes shall not at any time exceed the aforesaid constitutional limit and said note or notes shall not mature later than the last day of the fiscal year of this State during which the money is borrowed, and the principal amount so borrowed shall be repaid each fiscal year out of the common school appropriation, and the interest thereon shall be paid each fiscal year out of the general funds of the State, accrued during the fiscal year of issue of said notes. Said notes shall be signed by the Governor and countersigned by the Comptroller General and Secretary of State. (Acts 1927, pp. 167, 168; 1943, pp. 344, 345.) 32-1302. Authority to use allocated funds to pay teachers.--The Governor is further authorized and impowered, at any time in his discretion, to impress, use, and employ for the payment of public school teachers, and without payment of interest thereon, any funds in the treasury which may have been allocated for any special fund or purpose, so as to obviate the necessity of increasing the public debt of the State and the payment of interest: Provided, however, that it shall be the duty of the Governor, when any fund shall be so used to replace said fund or funds by borrowing the same, if necessary, at such time as will not interfere with the expenditure for the purpose appropriated of any special or allocated fund or funds so drawn upon by the Governor by virtue of the authority granted in this Chapter. (Acts 1927, pp. 167, 168.) 32-1303. Limit of authority.--The Governor shall not during any fiscal year of this State impress, use, or employ any funds in the treasury allocated or belonging to any special fund or purpose in excess of the borrowing power of the Governor under this Chapter. (Acts 1927, pp. 167, 168; 1943, pp. 344, 346.) 32-1305. Payment under contract where schools closed by executive order; additional contract as within discretion of Governor.--In the event that any school teacher teaching in the public schools of the State of Georgia is prevented from completing the 12-month contract for teaching in any public school within the State, because of the closing of such public schools by executive order of the Governor, the State of Georgia will pay to such teacher, in the usual monthly payments, the balance of the amount due under such contract by the State of Georgia. The Governor of Georgia within his discretion may enter into an additional 12-month contract with any such teacher enumerated herein for an additional 12-month period. (Acts 1959, p. 350.) CHAPTER 32-14. BUILDING SCHOOLHOUSES IN LOCAL TAX DISTRICTS. 32-1401. Powers of county boards of education with respect to building and equipping schoolhouses, preparing tax digests, etc.--The county board of education of each county shall succeed to and be vested with all of the rights, powers and duties formerly vested in the local or consolidated school district trustees with respect to the building and equipping of schoolhouses in the county, preparing tax digests and furnishing same to the tax collector of the county in the manner formerly provided by section 32-1113. (Acts 1946, pp. 206, 213.) 32-1402. Outstanding bond issues, how dealt with.--In any local or consolidated school district in any county where there is an outstanding bonded indebtedness created for the purpose of building schoolhouses, or equipping schoolhouses, the county board of education shall, upon the effective date of this section, become the trustee of all funds which shall have been or may be collected from taxes or received from other sources, for the purpose of retiring the principal and interest on said bonds, or for creating a sinking fund for said purpose. The county board of education is charged with the duty of disbursing said funds to the bondholders in accordance with the terms under which the bonds were issued, and the duty of constructing any buildings, acquiring any building sites, or any equipment for which the bonds were issued. The county board of education shall also annually, within the time required by law, or the terms of said bond issue, recommend to the fiscal authorities of the county, the levy upon the property subject to taxation 32-1403 EDUCATION. 578 in the district originally voting said bonds, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon, in accordance with the terms under which said bonds were issued; this to be in addition to the general tax for the maintenance of the schools of said districts. Within 30 days from the effective date of this section, the bonded treasurer or bonded secretary and treasurer of each local or consolidated school district in each county, in which there is an outstanding bonded indebtedness for schoolhouse bonds, or for equipping schoolhouses, or for acquiring sites and building schoolhouses, shall deliver to the county board of education of the county all of his books, papers, digests, documents, receipts, vouchers, and other instruments relating to said outstanding bonded indebtedness; and at the same time shall render a statement, under oath, as to the status of said bonds. Said statement shall show the principal amount due on said bonds; the interest due on said bonds; the names and addresses of the bondholders of said bonds; the rate of tax previously levied upon the property of the district for the retirement of said bonds and the interest thereon; the total amount of payments made upon said bonds and the date thereof; the territorial limits and boundaries of the school district in which said bonds are outstanding; and the name and address of the county or State depository in which any sinking fund for the retirement of said bonds is deposited, the amount of said sinking fund, and the name in which said sinking fund is deposited. Upon the delivery of said things and statement to the county board of education, the local or consolidated school district bonded treasurer or secretary and treasurer shall be considered discharged from any further duties with respect to said bonds or sinking funds, and the county board of education shall, within 30 days of such delivery, provide for the auditing of the bond account. It shall be the duty of the county board of education to make a full report to the grand jury of the county of any discrepancies revealed by said audit in the bond account and to enlist the aid of the county attorney in collecting from the bond of said treasurer or secretary and treasurer any funds of said bond account which may have been misapplied, misappropriated, or otherwise improperly dealt with by said officials, and to collect the same and pay said moneys over to the county board of education. If the audit of the bond account reveals the same has been properly administered, then there shall be no duty on the part of the county board of education to make any report thereof to the grand jury of the county. (Acts 1946, pp. 206, 214.) 32-1403. Bonds for building and equipping schoolhouses and purchasing sites therefor, how issued.--Hereafter, when any county board of education shall deem it to the best interests of education in the county to incur any bonded debt for building, equipping or purchasing sites for the building and equipping of schoolhouses, pursuant to Article VII, Section VII, Paragraphs I and II of the Constitution of 1877, as amended in 1945, the election required shall be called and held in the manner prescribed by Chapter 87-2, and the bonds shall be validated in the manner provided by Chapter 87-3. The purpose of this section is to permit and require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by county boards of education for building and equipping schoolhouses, or purchasing sites therefor, as is required in the case of municipalities and other county bonds: Provided, however, that in such elections persons residing within territorial limits of independent school districts may not participate as qualified voters in said election, and should said election result favorably to the issuance of said bonds, the property located within the limits of an independent school district shall not be subject to taxation for the retirement of any bonds so issued. (Acts 1946, pp. 206, 216.) sary for the purpose of securing proper school sites and buildings and to the best interest of education in the county, the county board ot education shall have the power and authority to divide all of the territory of the county outside of independent school systems established prior to the adoption of the 1945 Constitution into local subdivisions to be known as local schoolhouse districts. Whenever the county board of education divides the county into local subdivisions the entire county shall be so divided into separate subdivisions. The local subdivisions so set up and established shall be clearly and positively defined by the resolution passed by the board establishing such subdivisions. The same shall be marked off in the manner which the board deems to be most advantageous to the school interest of the county, providing that local school districts which were established prior to the 1945 Constitution may be reestablished: Provided, however, that local school districts which were set up, defined and established within a county prior to the adoption of the Constitution of the State of Georgia of 1945 may be reestablished and redefined without change, alteration or enlargement. The county board of education shall act as officers of such local subdivision, and as such are hereby authorized to incur bonded indebtedness for the purpose of purchasing school sites and for building and equipping, enlarging and repairing schoolhouses, to include building and equipping, enlarging and repairing lunchroom, vocational and physical education buildings and facilities, in and for such local subdivisions. The bonded indebtedness which the county board of education is hereby authorized to incur shall be incurred pursuant to Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 [ 2-6001, 2-6002]. An election for bonds for such local subdivisions shall be called and held in the manner prescribed by Chapter 87-2, as amended, and the bonds shall be validated in the manner prescribed by Chapter 87-3, as amended. The purpose of this section is to permit and to require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by the county boards of education for local subdivisions herein established, for building and equipping, enlarging and repairing schoolhouses, to include building and equipping, enlarging and repairing lunchroom, vocational and physical education buildings and facilities, or purchasing sites therefor, as is required in the case of municipalities and other county bonds: Provided, however, that where the county board of education divides the county into subdivisions and seeks to issue bonds for any one of the local subdivisions, persons residing outside of the local subdivisions may not participate as qualified voters in said election. Should the election held in a local subdivision result favorably to the issuance of bonds for such local subdivision, the property located within such local subdivision as marked off and established by the county board of education shall be subject to taxation for the retirement of bonds issued by the county board of education for such local subdivision. The property located outside of such subdivision shall not be subject to taxation for the retirement of any bonds issued for the local subdivision. (Acts 1947, pp. 1186, 1187; 1949, pp. 688, 689.) Editorial Note.--Acts 1947, p. 1186, upon which this section is based, contains the following provisions: "Section 11 A. None of the provisions of this Act shall apply in counties in this State having a population of 200,000 or more according to 1940 or any future Federal census. "Section 11 B. This Act shall not apply to any public school system covered by Article VIII, Section X, Paragraph I of the Constitution. "Section 11 C. Nothing in this Act shall apply to any school system in the counties of Polk, Liberty, Long, Thomas and Union." Because of the exclusion of the named counties, the Act was held as invalid in failing to have uniform operation throughout the State. See Davis v. Board of Education of Coffee County, 203 Ga. 44 (45 S.E. 2d 429 (1947)). The instant section was substantially rewritten by Acts 1949, p. 688, but it would appear doubtful that the constitutional defect was remedied. 32-1403.1. Division of county into local schoolhouse districts for purpose of issuing bonds to build, etc., schoolhouses and to purchase sites therefor; election and issuance and validation of bonds.--Whenever the county board of education of any county of this State deems it neces- 32-1403.2. Same; declaration of intent and purpose of law.--It is not intended that section 32-1403.1 shall in any way interfere with the county board of education issuing bonds on a county-wide basis as provided for in section 32-1403. The purpose of section 32-1403.1 is to give 579 EDUCATION. 32-1417 to the county board of education additional powers so that the county board of education may provide adequate school sites, buildings and equipment in counties, and under circumstances where county-wide bond issues for securing school sites, buildings and equipping schoolhouses prove inadequate and inequitable because of prior existing bonded indebtedness of local districts or otherwise. (Acts 1947, pp. 1186, 1187; 1949, pp. 688, 690.) Editorial Note.---See Editorial Note following 32-1403.1. 32-1404. High schools; joint building and maintenance.--Counties and municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract with each other for the joint building and maintenance of high school buildings be located within such municipalities for the joint use of the children living in such municipalities and those living in the county outside of the limit of such municipalties. (Acts 1923, pp. 98,99.) 32-1405. Contract for joint building of high school; approval and confirmation.--The contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affairs of the city and county, respectively, upon such terms and conditions as may be agreed on, and shall then be approved and confirmed by the mayor and council and board of county commissioners, or other authorities by whatever name called, having charge of the fiscal affairs of the city and county, respectively. (Acts 1923, pp. 98,99.) 32-1406. Bonds for joint building and maintenance of high school.-- When the contract has been made and approved, as provided in the two preceding sections, then the authorities of the county and municipality having charge of their fiscal affairs may issue bonds for their proportion of the cost of such buildings, as agreed on, in the manner provided by law for the issuance of bonds by a county or municipality; and the call for election shall provide that if the other contracting party shall fail to carry an election for bonds, for the same purpose, the election for bonds provided for in the call, even if carried, shall not be effective and that all previous acts in connection with the issuance of said bonds shall, in such event, be void and of no effect. (Acts 1923, pp. 98, 99.) 32-1407. Levy of taxes to pay bonds, etc.--When an election for the bonds provided for in the preceding section has been carried as provided by law, then the county and municipal authorities may thereafter each levy a tax sufficient to pay the principal and interest of such bonds, issued by each party, and the cost of maintenance of such building, in addition to any other taxes they are now authorized by law to levy. (Acts 1923, pp. 98, 100.) 32-1408. Exclusiveness of preceding sections as to building high schools.--The provisions of sections 32-1404 to 32-1407 shall not be construed to be the exclusive means for the building of high school buildings, but the provisions of said section shall be construed to be permissive and cumulative to any other means now or hereafter provided by law. (Acts 1923, pp. 98, 100.) 32-1409. Refunding, retiring, or refinancing schoolhouse bonds of school districts.--Where any school district, or consolidated school district, or any independent school district (in cases hereinafter provided) has outstanding schoolhouse bonds, or shall hereafter issue, in accordance with the laws of this State, any such bonds, and it becomes necessary or advisable to refund, retire, or refinance such bonds, the same shall be done in accordance with the procedure and in the manner hereinafter provided. (Acts 1937, pp. 869, 870.) 32-1410. Same; advisability of refunding, etc., to be determined by voters.--The advisability or necessity of refunding, retiring, or refinancing such bonds shall be determined by the qualified voters of the school district concerned, in an election to be held in such district in the manner hereinafter provided. (Acts 1937, pp. 869,870.) 32-1411. Same; election to be called; notice by publication.--Should the board of trustees of any school district or consolidated school district, or board of education (or corresponding body) in any independent school district, in which a local tax is now or may hereafter be levied for school purposes, deem it necessary or advisable to refund, retire, or refinance any outstanding schoolhouse bonded indebtedness of said district, they shall, by written resolution, call an election to be held in said district by giving notice by, publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements for the county are published, notifying the qualified voters that on the day named an election will be held to determine the question whether bonds shall be issued by the district for refunding, retiring or refinancing outstanding schoolhouse bonds of such district. (Acts 1937, pp. 869, 870.) 32-1412. Same; contents of notice.--They shall specify in said notice what amount of bonds are to be issued, for what purpose, what interest they are to bear, how much principal and interest is to be paid annually, and when they are to be fully paid off. They shall also specify in said notice the amount of bonds and interest, if any, date of issue, rate of interest, and dates due of the outstanding schoolhouse bonds which are sought to be retired, refunded or refinanced. (Acts 1937, pp. 869, 870.) 32-1413. Same; voters' list, how made up.--None but the qualified voters of the district concerned shall be permitted to vote in said election. The tax collector or tax commissioner shall furnish a list of certified registered voters in such school district, or consolidated school district (and in independent school district such list shall be furnished by the proper official of such district), to the managers of the election 10 days before such election is held and after the same has been purged by the board of registrars or proper city officials as the case may be as now provided by law in cases of special elections. (Acts 1937, pp. 869, 871.) 32-1414. Same; election managers.--Said board of trustees or board of education, or corresponding body, as the case may be, or a majority of them, shall be the election managers, and if for any reason they fail to act, any three freeholders of the school district or consolidated school district or independent school district may qualify and act. (Acts 1937, pp. 869, 871.) 32-1415. Same; ballots, form of.--The ballots shall have written or printed thereon "for refunding outstanding schoolhouse bonds" or "against refunding outstanding schoolhouse bonds." (Acts 1937, pp. 869, 871.) 32-1416. Same; polls, opening and closing; disposition of ballots, etc., declaring results.--The polls shall remain open during the hours as now fixed by law for general elections. The ballots cast and the voting list shall be lodged with the board of trustees in the school district or consolidated school district or with the board of education or corresponding body in independent school districts, which said board or body, as the case may be, shall declare the result of said election. The ballots, consolidated returns and the other papers declaring the result of the election shall be filed with the ordinary of the county, or in the case of independent school district, with the proper official of the municipality or district charged with keeping permanent records. (Acts 1937, pp. 869, 871.) 32-1417. Same; election called by one-fourth of voters.--In addition to the manner provided in section 32-1411 for calling such an election, should as many as one-fourth of the qualified voters of any such school 32-1418 EDUCATION. 580 district file a petition with the board of trustees of any local tax school district, or consolidated school district, or the board of education, or corresponding body in an independent school district, requesting that an election be called for the purpose of submitting the issue as to whether the schoolhouse bonded indebtedness of such district be refunded, retired, or refinanced, it shall become the duty of such board or body to call an election in the same manner as above provided. (Acts 1937, pp. 869, 871.) 32-1418. Refunding, retiring, or refinancing schoolhouse bonds by counties.--All counties in which a local tax is now or may hereafter be levied for school purposes, throughout the entire county, or throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities, are hereby impowered to refund, refinance, or retire outstanding schoolhouse bonds of such territory in the same manner and under the same rules and regulations as provided in section 32-1409 et seq., except that in elections for said territory the manner of holding elections shall be as prescribed in sections 32-1419 to 32-1425, inclusive. (Acts 1937, pp. 869, 872.) 32-1419. Same; petition by one-fourth of voters. Duty of board of education. Election to be called.--When one-fourth of the registered qualified voters of such territory shall file with the board of education of such county a petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of refunding, refinancing, or retiring outstanding school bonds of such territory, the required number of petitioners to be determined by said board of education, it shall be the duty of said board of education to fix the amount, denomination, rate of interest, and dates when due, of the proposed bonds to refund, refinance or retire outstanding schoolhouse bonds of such territory, and the said board of education shall also specify the amount, denomination, rate of interest, and dates when due of the outstanding school bonds which are sought to be refunded, retired or refinanced and call such election in terms of law now provided or which may hereafter be provided for the county issue of bonds except as herein otherwise provided. (Acts 1937, pp. 869, 872.) 32-1420. Same; notice of election.--Said board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected, of which they shall give notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. (Acts 1937, pp. 869, 872.) 32-1421. Same; voters' list, how made up.--None but registered qualified voters residing within the territory to be affected shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such county or in the territory to be affected, to the managers of the election, 10 days previous to said election, and after the same has been purged by the board of registrars, as now provided by law in cases of special elections. (Acts 1937, pp. 869, 873.) 32-1422. Same; ballots, form of.--The ballots cast shall have written or printed thereon "For refunding outstanding schoolhouse bonds" or "Against refunding outstanding schoolhouse bonds." (Acts 1937, pp. 869, 873.) 32-1423. Same; election managers.--The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. (Acts 1937, pp. 869, 873.) 32-1424. Same; polls, opening and closing; returns.--The polls shall remain open during the hours as now fixed by law for general elections. The returns of the election, including all ballots cast, tally sheets, voters' lists and other papers relating to the election, shall be made to the ordinary, who shall on the day following said election consolidate the vote and declare the result. (Acts 1937, pp. 869. 873.) 32-1425. Same; when refunding bonds to be issued; sale of bonds.-- In the event that two-thirds of the votes cast at such election shall be in favor of refunding "outstanding schoolhouse bonds" and such twothirds is also a majority of all the voters qualified to vote in said election, then the refunding schoolhouse bonds shall, after validation, as herein provided, be issued, sold or exchanged under all of the regulations now provided for the sale of school district bonds, under section 32-1403 of the Code of 1933, or herein provided for the sale or exchange of such refunding bonds. (Acts 1937, pp. 869,873.) 32-1426. Same; proceeds of sale in trust.--The proceeds shall be turned over to the board of education in trust for the purpose or purposes provided in section 32-1409 et seq. (Acts 1937, pp. 869, 873.) 32-1427. Same; tax levies to pay off bonds.--The county authorities, in levying and assessing taxes for the purpose of paying the interest and retiring and paying off said bonds, shall, in the event that the entire county is not embraced within the area or territory in which said election is held, levy and assess such taxes only against the property located within the area or territory within which said election is held. For the purpose of taking care of and paying the principal and interest of such refunding schoolhouse bonds, the board of education shall recommend, and the board of county commissioners or ordinary, as the case may be, shall levy upon the property subject to taxation in the entire county, or in the area or territory within which said election is held. such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon ; this to be in addition to the general tax for the maintenance of the schools of said county or territory. (Acts 1937, pp. 869, 873.) 32-1428. Same; paying off county bonds when holders refuse to sell.-- The manner of paying off the outstanding schoolhouse bonds with the proceeds of the sale of the refunding schoolhouse bonds, or exchange of bonds, and sinking fund provided in cases where holders of outstanding bonds fail or refuse to sell, exchange or surrender the same, for cancellation, shall be the same as provided in section 32-1409 et seq. for other school districts. (Acts 1937, pp. 869, 874.) 32-1429. Declaration of result of election; issuance of refunding bonds. --At any election called and held as herein provided, should as many as two-thirds of the qualified voters voting in such election (provided such two-thirds so voting shall be a majority of the registered voters) cast their ballot in favor of the issue "for refunding outstanding schoolhouse bonds," the officials as named above shall so declare the result; and such officials shall have the power and authority, after validation as hereinafter provided, to issue such refunding schoolhouse bonds for sale or exchange for the purpose of retiring the outstanding schoolhouse bonds in the district under all of the regulations now provided by law for school district bonds. (Acts 1937, pp. 869, 874.) 32-1430. Tax levy to provide sinking fund to retire refunding bonds.-- Where an election held in the manner above provided results favorably to the issue of such bonds, the county board of education, or corresponding body of independent school districts, as the case may be, shall recommend, and the board of county commissioners or ordinary, or municipal tax levying authorities, as the case may be, shall annually levy upon the property subject to taxation in the school district in which said election was held such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said district. (Acts 1937, pp. 869, 874.) 581 EDUCATION. 32-1402a 32-1431. Refunding bonds to be validated.--Before the schoolhouse refunding bonds herein provided shall be issued, they shall first be validated in accordance with the provisions of Chapter 87-3. (Acts 1937, pp. 869, 875.) 32-1432. Sale or exchange of refunding bonds of local school district.-- Any such refunding bonds of a local school district, or consolidated school district, shall, after validation, be turned over to the county board of education to be sold or exchanged as herein provided, and the county board of education is hereby authorized and impowered to sell or exchange such bonds under all of the regulations now provided by law for the sale of school district bonds, or herein provided therefor. When such bonds are sold by the county board of education, the proceeds derived therefrom shall be held in trust by the county board of education only for the purposes herein provided. When such bonds are exchanged by the county board of education, which is hereby authorized and impowered so to do, such exchange shall be consummated in accordance with the provisions herein provided. (Acts 1937, pp. 869, 875.) 32-1433. Sale or exchange of bonds of independent districts.--In independent school districts over which the county board of education has no jurisdiction, such refunding bonds, after they have been issued and validated, shall be turned over to the officials who under the law are now authorized to handle in any manner bonds issued by such independent school districts, and such officials are hereby authorized and impowered to sell or exchange, in like manner as the county board of education, such refunding bonds for the purposes and in accordance with the provisions of section 32-1409 et seq. (Acts 1937, pp. 869, 875.) 32-1434. Exchange of bonds; terms.--Bonds issued under section 32-1409 et seq. may be exchanged for not less than an equal principal amount and accrued interest, if any, of indebtedness to be retired thereby, including indebtedness not yet due if the same be then redeemable or if the holder thereof be willing to surrender the same for retirement, but otherwise shall be sold and the proceeds thereof shall be applied to the payment of such schoolhouse bonded indebtedness or accrued interest due or redeemable which may be so surrendered. (Acts 1937, pp. 869, S76.) 32-1435. Where tender for exchange refused, bonds to be sold; sinking fund.--Should the holder of any outstanding schoolhouse bonds be unwilling to surrender the same for retirement, either ill exchange for refunding bonds in a principal amount equal to the principal and interest accrued on the bonds under the authority of section 32-1409 et seq., or upon tender to him of the par value of the bond or bonds held by him, plus accrued interest thereon, then, and in that event, when any of the refunding schoolhouse bonds are sold a sufficient amount of the proceeds derived from the sale of the same shall be set aside and shall constitute a sinking fund for the eventual retirement of any such bond or bonds and the payment of interest thereon in accordance with the provisions of such bonds when they mature, or are surrendered for retirement. (Acts 1937, pp. 869, 876.) 32-1436. Application of proceeds of sale of refunding bonds.--The proceeds derived from the sale of any refunding schoolhouse bonds issued under the authority of section 32-1409 et seq. shall be applied exclusively to the purposes hereinafter provided. Nor shall any of said refunding bonds be exchanged except for outstanding bonds for which they were issued to retire ; Provided, that in no event shall the refunding schoolhouse bonds so issued exceed in amount the previously existing total schoolhouse bond debt of the district issuing such bonds with interest thereon. (Acts 1937, pp. 869, 876.) 32-1437. Duties and authority of officers.--Wherever in section 32-1409 et seq. it is made the duty, without specific designation, of any official or officials to perform any duty with reference to the issuance, exchange, sale, or retirement of any bonds, such duty is hereby imposed upon the Same officials with respect to such duties as are now imposed upon the officers charged with the same duties under the provisions of the laws of Georgia relating to bonds issued in the first instance. Such officers shall have the same authority and are hereby charged with the same duties with respect to the investment of sinking funds and levying taxes to retire bonds and interest on bonds issued under said sections as is now provided with respect to the levying of taxes to retire bonds and the creation and administration of sinking funds to retire the bonded indebtedness of any local school district, consolidated school district, or independent school district, where a local tax is levied for school purposes. (Acts 1937, pp. 869, 876.) 32-1438. Interest rate on refunding bonds.--The interest rate on such refunding schoolhouse bonds shall in no event exceed (but may be less than) the interest rate on the bonds for which they were issued to refund. (Acts 1937, pp. 869, 877.) 32-1439. Independent school districts, when sections apply.--The provisions of section 32-1409 et seq. for issuances of refunding schoolhouse bonds in the case of independent school districts shall apply only where the Act creating such school district, or as amended, authorizes the same. (Acts 1937, pp. 869,877.) 32-1440. Obligations of outstanding bonds not impaired.--Section 32-1409 et seq. shall not be construed so as to impair the obligation of any bond outstanding at the time of its passage, or so as to prejudice the rights of any bondholder of an outstanding bond issued prior to the passage of this law. (Acts 1937, pp. 869, 877.) 32-1441. Bondholders refusing to sell, sinking fund provided.--Should any holder of an outstanding schoolhouse bond which is not due, or which has not matured in accordance with the provisions thereof, fail or refuse to sell or exchange such bond or bonds for refunding schoolhouse bonds issued in accordance with these sections, it shall be the duty of the officials of the school district which issued such bond or bonds to set aside from the proceeds of the sale of the refunding schoolhouse bonds a sinking fund under all the regulations now provided by law for sinking funds for schoolhouse bonds for the purpose of retiring such bonds when they mature and paying the interest accrued or to accrue thereon. (Acts 1937, pp. 869, 877.) 32-1442. Only one election a year.--No election as provided herein shall be held in any one district more often than once a year. (Acts 1937, pp. 869, 878.) CHAPTER 32-14A. GEORGIA EDUCATION AUTHORITY (SCHOOLS). 32-1401a. Short title.--This Chapter may be cited as the "Georgia Education Authority (Schools) Act." (Acts 1951, pp. 241, 243; 1967, pp. 871, 872.) 32-1402a. Creation; members; officers; quorum; rules and regulations. --There is hereby created a body corporate and politic to be known as the Georgia Education Authority (Schools), 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 seven members, as follows: the Governor, the Attorney General, the State Auditor, the Chairman of the State Board of Education, the Chairman of the Board of Regents of the University System of Georgia, the State Superintendent of Schools, and the Chancellor of the University System of Georgia. 32-1403a EDUCATION. 582 The Authority shall elect one of its members as chairman and another 32-1404a. Powers.--The Authority shall have powers: as vice chairman and a secretary and treasurer who need not necessarily (1) To have a seal and alter the same at pleasure; be a member of the Authority but who shall be the same as the secretary (2) To acquire by purchase, lease or otherwise, and to hold, lease and treasurer of the Georgia Education Authority (University). The majority of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall 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 staff of the Authority shall be the same as the staff of the Georgia Education Authority (University). 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 Chapter or impair the obligations of any contracts existing under this Chapter. (Acts 1951. pp. 241. 243: 1959, pp. 28. 29: 1959, pp. 363. 364: 1967. and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Chapter, except from the funds provided under the authority of this Chapter, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be pp. 871, 872.) just to the Authority and to the owners of the property to be con- 32-1403a. Definitions.--As used in this Chapter, the following words and terms shall have the following meanings: (a) The word "Authority" or "authority" shall mean the Georgia Education Authority (Schools), the same being formerly known as the State School Building Authority. All references in this Chapter to "State School Building Authority," "Authority," or "authority" shall be construed to mean the Georgia Education Authority (Schools) and such change in the name of the Authority shall in no way affect the identity of the Authority or the rights, powers, privileges or liabilities of the Authority or any person under the provisions of this Chapter. (b) The word "project" shall be deemed to mean and include one or a combination of two or more of the following: building and facilities intended for use as school buildings, classrooms, laboratories, libraries, and instructional, administrative, and recreational facilities for students, faculty, officers, and employees of any institution or unit under the control of a county board of education, city board of education or governing bodies of independent districts or systems, and all structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any unit which is a part of any such institution, including the improving, altering, or repairing of the same. (c) The word "unit" shall mean any institution, school, or academy, at any particular location which forms a part of the public school system of this State operated by a county board of education, city board of education, or governing bodies of independent districts or systems. (d) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and fran- demned, and no property shall be acquired under the provisions of this Chapter upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance ; and if the Authority shall deem it expedient to construct any project on lands which are subject to the control of the public school system of the State or of any county board of education, city board of education, or governing body, independent or quasi-independent district or system, or local unit of administration. The Governor, in the case of the State, or the boards of education of counties or cities, or the equivalent governing authorities of independent school districts, or systems, are hereby authorized to execute for and in behalf of the State or the various county boards of education, city boards of education, or governing bodies of independent districts or systems, as the case may be, a lease upon such lands to the Authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, at a nominal rental of $1 per year. If tin- Authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority, upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; further, if the Authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in any county, municipality, or other governmental subdivision of the State, the proper authorities of such county, municipality or governmental subdivision are hereby authorized to convey, for and in chises acquired, the cost of all machinery and equipment, financing behalf of such county, municipality, or governmental subdivision, title charges, interest prior to and during construction, and, for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall to such lands to the Authority, upon payment to the proper fiscal officer of the county, municipality, or other governmental subdivision of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon between such governmental authorities and the chairman of the Authority; (4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation; be regarded as a part of the cost of the project and may be paid or (5) To make contracts, leases and to execute all instruments neces- reimbursed as such out of the proceeds of revenue bonds issued under sary or convenient, including contracts for construction of projects and the provision of this Chapter for such project. leases of projects or contracts with respect to the use of projects which (e) "Bonds" or "revenue bonds" as used in this Chapter shall mean any bonds issued by the Authority under the provisions of this Chapter, it causes to be erected or acquired, and any and all political subdivisions, departments, institutions or agencies of the State are hereby including refunding bonds. authorized to enter into contracts, leases or agreements with the Author- (f) Any project or combination of projects shall he deemed "self- ity upon such terms and for such purposes as they deem advisable; and liquidating" if, in the judgment of the Authority, the revenues, rents, without limiting the generality of the above, authority is specifically i or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing and operating the project and granted to the county boards of education, city boards of education or governing bodies of independent districts or systems for and on behalf to pay the principal and interest of revenue bonds which may be issued of the units and institutions within their respective counties, cities, or for the cost of such project, projects, or combination of projects. districts, and to the Authority, to enter into contracts and lease agree- (Acts 1951, pp. 241, 244: 19C4, p. 112: 1967, pp. 871, 873.) ments for the use of any structure, building or facilities of the Authority 583 EDUCATION. 32-1412a for a term not exceeding 50 years, and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building or facility and none other and so long as said property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased, and also to obligate itself and its successors, as a part of the lease.contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority: Provided, however, nothing contained in this Chapter shall prevent such political subdivisions, departments, institutions, agencies, county boards of education, city boards of education or governing bodies of independent school districts or systems from subleasing any structure, building or facility of the Authority for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from any other source: (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Chapter. (Acts 1951, pp. 241, 245 ; 1956, p. 11.) 32-1405a. Revenue bonds.--The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in an unlimited amount, for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, payable semiannual!}', shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and mav 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 provided for the issuance of the bonds. (Acts 1951, pp. 241, 249; 1960, p. 775.) 32-1406a. Same; form; denomination; registration; place of payment. --The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (Acts 1951, pp. 241.249.) 32-1407a. Same; signature; seal.--In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authprized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (Acts 1951, pp. 241,249.) 32-1408a. Same; negotiability; exemption from taxation.--All revenue bonds issued under the provisions of this Chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Negotiable Instruments Law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. (Acts 1951, pp. 241,250.) Editorial Note.--Georgia no longer has the Negotiable Instruments Law, as such Negotiable Instruments are presently governed by Title 109A, the Uniform Commercial Code. 32-1409a. Same; sale; price.--The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Whenever the Authority shall determine to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services in connection with the marketing of such bonds. (Acts 1951, pp. 241, 250; 1960, pp. 775, 776; 1967, pp. 871, 874.) 32-1410a. Same; proceeds of bonds.--The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. (Acts 1951, pp. 241,250.) 32-141 la. Same; interim receipts and certificates or temporary bonds. --Prior to the preparation of definite bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definite bonds upon the issuance of the latter. (Acts 1951, pp. 241,251.) 32-1412a. Same; replacement of lost or mutilated bonds.--The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (Acts 1951, pp. 241.251.) 32-1413a EDUCATION. 584 32-1413a. Same; conditions precedent to issuance; object of issuance. --Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Chapter. In the discretion of the Authority revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects in any one city or in any one county or any number of counties. Any resolution providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. (Acts 1951, pp. 241,251.) and directed to pay such funds to the Authority, to be applied in payment on such unpaid rentals, said payment being charged against the respective funds due such county, city, independent school district or system. The rentals contracted to be paid by the State Board of Education or other contracting or leasing department, agency or institution of the State to the Authority under leases or contracts entered upon pursuant to this Chapter shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Board of Education or other contracting or leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually 32-1414a. Same; credit of State not pledged; payment from minimum foundation funds.--Revenue bonds issued under the provisions of this Chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds to perform any covenant or obligation contained in any lease entered upon pursuant to this Chapter, the Authority may enforce performance by any legal or equitable process against lessees ; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. (Acts 1951, pp. 241, 252; 1964, pp. 112, 113.) shall contain recitals on their face covering substantially the foregoing provisions of this section: Provided, however, such funds as may be received from State appropriations or from any other source are hereby declared to be available and may be used on behalf of the county boards of education, city boards of education or governing bodies of independent districts or systems for the performance of any lease contract 32-1415a. Same; trust indenture as security.--In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign rents, revenues and earnings to be received by the Authority. entered into by said boards or governing authority, unless the use of Either the resolution providing for the issuance of revenue bonds or such funds shall be otherwise stipulated by law. such trust indenture may contain such provisions for protecting and In the event any county board of education, city board of education enforcing the rights and remedies of the bondholders as may be reason- or governing body of an independent school district or system shall able and proper and not in violation of law, including covenants setting enter into a lease contract with the Authority as herein provided, then forth the duties of the Authority in relation to the acquisition of any sums accruing to and for the benefit of such political subdivision by property, the construction of the project, the maintenance, operation, virtue of any amounts appropriated and allocated for that purpose pur- repair and issuance of the project, and the custody, safeguarding and suant to Section 11 of the Minimum Foundation Act (section 32-613), application of all moneys, and may also provide that any project shall or as hereafter amended, shall, by the Board of Education, be paid all or be constructed and paid for under the supervision and approval of con- so much thereof as is necessary direct to the Authority until such time sulting engineers or architects employed or designated by the Authority as the obligation in respect to said lease or lease contracts shall have and satisfactory to the original purchasers of the bonds issued therefor, been paid in full; it being intended hereby that such sums, if any, as may and may also require that the security given by contractors and by any be appropriated by the legislature and accrue and be allocated by the depository of the proceeds of the bonds or revenues or other moneys State Board of Education for the benefit of any particular political sub- be satisfactory to such purchasers, and may also contain provisions con- division for "capital outlay" as provided by said Section 11 of said cerning the conditions, if any, upon which additional revenue bonds Minimum Foundation Act (section 32-613) as now in force and effect, or may be issued. It shall be lawful for any bank or trust company in- as hereafter amended, shall be subject to be first applied to the extent corporated under the laws of this State to act as such depository and to necessary to the faithful performance of any lease contract of that par- furnish such indemnifying bonds or pledge such securities as may be ticular subdivision with the Authority. required by the Authority. Such indenture may set forth the rights and ( In the event such sums so appropriated by the legislature to the State remedies of the bondholders and of the trustees, and may restrict the Board of Education to be used in accordance with Section 11 of the individual right of action of bondholders as is customary in trust in- said Minimum Foundation Act as now in force and effect or as hereafter dentures securing bonds and debentures of corporations. In addition to amended, and allocated by said board to and for the benefit of a respec- the foregoing, such trust indenture may contain such other provisions tive political subdivision which has entered into a lease contract with as the Authority may deem reasonable and proper for the security of the Authority, is not sufficient to discharge the obligations and under- the bondholders. All expenses incurred in carrying out such trust takings therein agreed to be performed, and should the political sub- indenture may be treated as a part of the cost of maintenance, operation division fail to pay any sum necessary to make up the difference between and repair of the project affected by such indenture. the amount to be paid under the lease contract and that actually paid by the State Board of Education direct to the Authority as in the pre- (Acts 1951, pp. 241,253.) ceding paragraph provided, then it shall be the duty of the Authority to 32-1416a. Same; to whom proceeds of bonds shall be paid.--The notify immediately, in writing, the State Board of Education, the State Authority shall, in the resolution providing for the issuance of revenue Department of Education, and the State Treasurer of the amount due bonds or in the trust indenture, provide for the payment of the proceeds said Authority, and thereupon the State Treasurer, the State Board of of the sale of the bonds to any officer or person who or any agency, Education, and the State Department of Education are hereby authorized and directed to withhold from any other funds appropriated, allotted, or due to be paid to such county, city, independent school district bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Chapter and such resolution or trust indenture may provide. or system an amount sufficient to pay the obligation due the Authority (Acts 1951, pp. 241,254.) by the defaulting county, city, independent school district or system for rental of buildings or facilities, and said State Board of Education, State Department of Education and the State Treasurer are authorized 32-1417a. Same; sinking fund.--The revenues, rents and earnings derived from any particular project or combined projects and all sums 585 EDUCATION. 32-1423a allocated or paid by the State Board of Education or State Department of Education to the Authority for the benefit of any political subdivision or its governing body for the performance of any lease contract or any and all funds from any sources received by the various county boards of education, city boards of education or governing bodies of independent school districts or systems that have entered into lease contracts with the Authority and paid to it in the performance of such contract or contracts, or any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall by the Authority be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such covenants and regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. (Acts 1951, pp. 241,255.) 32-1418a. Same; remedies of bondholders.--Any holder of revenue bonds or interest coupons issued under the provisions of this Chapter, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Chapter or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Board of Education, its successors or other contracting or leasing department, agency, or institution of the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or incumbrance, legal or equitable, upon the property of the State : Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph 1(a) [Const. 1945, 2-59011 of the Constitution of the State of Georgia, and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. (Acts 1951, pp. 241, 256; 1964, pp. 112, 113.) 32-1419a. Same; refunding bonds.--The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Chapter, insofar as the same may be applicable. (Acts 1951, pp. 241,256.) ' 32-1420a. Same; bonds as legal investment; security for deposit.-- The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other 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 a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. (Acts 1951, pp. 241,257.) 32-1421a. Same; exemption from taxation; covenant of State.--It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Chapter and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. (Acts 1951, pp. 241,257.) 32-1422a. Same; venue and jurisdiction of actions pertaining to bonds. --Any action to protect or enforce any rights under the provisions of this Chapter shall be brought in the superior court of Fulton county, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Chapter shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. (Acts 1951, pp. 241,258.) 32-1423a. Same; validations.--Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of 1937 [Chapter 87-8J, as amended. The petition for validation shall make party defendant the said Authority, and shall also make party defendant to such action the State Board of Education and any political subdivision which has contracted with said Authority for the use of any building, structure or facility for which bonds have been issued and sought to be validated, and such parties shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court 32-1424a EDUCATION 586 and the validity of the terms thereof determined and the matters and conditions imposed on the State Board of Education to be performed, and all such undertakings adjudicated as security for the payment of any such bonds of the Authority. In the event no bill of exception shall be filed within 20 days from the date of the judgment of validation, or if filed and the judgment shall be affirmed by the proper appellate court of this State, the judgment of the superior court so confirming and validating the issuance of the bonds shall be forever conclusive upon the validity of the bonds against the Authority issuing the same and against all parties to such proceedings. (Acts 1951, pp. 241, 258.) Board of Education, county boards of education, city boards of education, or governing bodies of independent or quasi-independent districts or systems, to bargain, sell, transfer, convey, rent and lease to the State School Building Authority any property needed or required by said Authority to carry out the purposes of this Chapter, together with all buildings and improvements thereon. (Acts 1951, pp. 241, 260.) 32-1429a. Rules and regulations for operation of projects.--It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under the provisions of this Chapter, including rules and regulations to insure 32-1424a. Same; interests of bondholders protected.--While any of the bonds issued by the Authority remain outstanding, the powers, maximum use or occupancy of each such project. (Acts 1951, pp. 241, 260.) duties or existence of said Authority or of its officers, employees or agents or of the various county boards of education, city boards of education or governing bodies of independent or quasi-independent 32-1430a. Powers declared supplemental and additional.--The foregoing sections of this Chapter shall be deemed to provide an additional districts or systems shall not be diminished or impaired in any manner and alternative method for the doing of the things authorized thereby that will affect adversely the interests and rights of the holders of such and shall be regarded as supplemental and additional to powers con- li bonds, nor will the State itself so compete with the Authority. The provisions of this Chapter shall be for the benefit of the State, the ferred by other laws, and shall not be regarded as in derogation of any powers now existing. Authority, and the holders of any such bonds, and upon the issuance (Acts 1951, pp. 241. 260.) of bonds under the provisions hereof shall constitute a contract with the holders of such bonds. (Acts 1951, pp. 241,258.) 32-1431a. Liberal construction of Chapter.--This Chapter, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. 32-1425a. Acceptance of funds and contributions from any source.-- The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under the provisions of this Chapter, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purpose for which such grants or contributions may be made. (Acts 1951, pp. 241, 259.) 32-1426a. Moneys received considered trust funds.--All moneys received pursuant to the authority of this Chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Chapter. (Acts 1951, pp. 241,260.) 32-1432a. Transfer of functions of Vocational Trade School Building Authority to State School Building Authority.--There are hereby transferred to and conferred upon the State School Building Authority, in addition to all of the rights, powers and functions heretofore conferred upon said Authority, all of the rights, powers, and functions of the Vocational Trade School Building Authority as set forth in Sections 1 through 32 of the Vocational Trade School Building Authority Act approved February 16, 1951 (Ga. L. 1951, p. 132) | former Chapter 32-22A] so that the said powers and functions heretofore intrusted to the Vocational Trade School Building Authority shall be hereafter administered by and through the State School Building Authority. Upon transfer of the foregoing rights, powers and functions of the Vocational Trade School Building Authority to the State School Building Authority, the said Vocational Trade School Building Authority is hereby abolished. (Acts 1951, pp. 241,259.) (Acts 1956, pp. 806, 807.) 32-1427a. Revenues, rents, and earnings; use.--The Authority is hereby authorized to fix rentals and other charges which the various county boards of education, citj boards of education or governing bodies of independent districts or systems shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with the various counties with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. (Acts 1951, pp. 241,259.) 32-1428a. Authorization to make transfers, sales, leases, etc., to Authority.--In addition to the authority herein granted or otherwise provided by law, the expressed authority and power is given to the State 32-1433a. Transfer of functions of State School Building Authority for Deaf and Blind to State School Building Authority.--There are hereby transferred to and conferred upon the State School Building Authority, in addition to all the rights, powers and functions heretofore conferred upon said Authority, all of the rights, powers and functions of the School Building Authority for the Deaf and Blind as set forth in Sections 1 through 19 of the State School Building Authority for the Deaf and Blind Act approved February 21, 1951 (Ga. L. 1951, p. 637) [former Chapter 32-28A], so that the said powers and functions heretofore intrusted to the State School Building Authority for the Deaf and Blind shall be hereafter administered by and through the State School Building Authority. Upon the transfer of the foregoing rights, powers and functions of the State School Building Authority for the Deaf and Blind to the State School Building Authority, the said State School Building Authority for the Deaf and Blind is hereby abolished. (Acts 1956, pp. 806, 808.) CHAPTER 32-15. SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS. 32-1501. School year.--The school year shall be from July 1 to the next June 30, inclusive, of each year. (Acts 1919, pp. 288, 316; 1926, Extra. Sess., p. 42.) 587 EDUCATION. 32-2002 32-1502. Scholastic month.--Twenty school days shall constitute and be treated as a scholastic month in the public schools. (Acts 1919, pp. 288, 317.) 32-1503. Observance of special days.--The county and local boards of education shall see that the following days are observed either by holidays or appropriate exercises and it shall be the duty of the State Superintendent of Schools to arrange programs for the proper observance of these occasions, and of the superintendent and teachers to direct the attention of the pupils to these dates and topics by practical exercises : 1. Thanksgiving Day, last Thursday in November. 2. Uncle Remus Day, December 9. 3. Lee's Birthday, January 19. 4. Georgia Day, February 12. 5. Washington's Birthday, February 22. 6. Arbor and Bird Day, third Friday in February. 7. Memorial Day, April 26. 8. Alexander H. Stephens' Birthday. 9. Crawford W. Long's Birthday. (Acts 1919, pp. 288, 356; 1937-38, Extra. Sess., p. 1407; 1941, p. 349.) 32-1504. Temperance Day designated; program in schools.--The 4th Friday in March of each year shall be designated and known as Temperance Day in the public schools. On Temperance Day at least two hours shall be devoted in the public schools to a program, which shall be educational in nature, teaching the good of temperance and prohibition, and the evils of intemperance and disobedience to law. (Acts 1922, pp. 183, 184.) CHAPTER 32-16. ENUMERATION OF SCHOOL CHILDREN. CHAPTER 32-18. HEALTH. Editorial Note.--This entire Chapter, formerly based upon Acts 1919, pp. 288, 356 et seq., was entirely repealed by the Georgia Health Code, Acts 1964, pp. 499, 653. See Title 88 and Editorial Note preceding. CHAPTER 32-19. PHYSICAL EDUCATION AND TRAINING. 32-1901. Course prescribed. Manual.--The Georgia State Board of Education shall prescribe a course of study in physical education for all common schools, and shall, fix the time when said course shall go into effect. This course shall occupy periods totaling not less than 30 minutes each school day which shall be devoted to instruction in health and safety, to physical exercises and to recess play under proper supervision. A manual setting out the details of said course of study shall be prepared by the State Superintendent of Schools in cooperation with the State Board of Health and State Board of Education, and such expert advisors as they may choose. Said manual when published shall be sent by said State Board of Education to the teachers of the common schools. (Acts 1920, pp. 232, 233.) 32-1902. Courses at normal schools.--The curriculum of all State normal schools and of all other institutions supported wholly or in part by public funds having special courses adopted for the preparation of teachers shall contain one or more courses in physical education and each person graduating from a teachers' course in any of these institutions shall have completed one or more courses in physical education. (Acts 1920, pp. 232. 233.) 32-1601. Duty of the State Board of Education to adopt rules and regulations for school census; cost of census.--It shall be the duty of the State Board of Education to take or have taken a quadrennial census of school age children. The cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of State funds. The State Board of Education shall have authority to adopt such rules and regulations as it deems necessary to maintain the school census between enumerations on a current basis. (Acts 1945, p. 210; 1945, pp. 441, 442; 1969, pp. 838, 839.) 32-1602. How enumeration is to be taken.--(Based upon Acts 1919, pp. 288, 318. Repealed by Acts 1945, p. 210; 1945, pp. 441, 442.) 32-1603. New enumeration, when.--The State Board of Education is hereby impowered to order at once a new enumeration when they are in doubt as to the accuracy of the return made from any county or city; but the enumerators first making their return shall receive no compensation in case it is found their enumeration was not correct. In case their enumeration is verified by the second enumeration, both enumerations shall be paid for, but the amount paid shall be deducted from the school fund appropriated to this special territory. (Acts 1919, pp. 288, 319.) CHAPTER 32-17. INSTRUCTION IN ANIMAL, BIRD, AND FISH LIFE. Editorial Note.--Former Chapter 32-17, Instruction in Animal, Bird, and Fish Life, was repealed in its entirety by Acts 1966, p. 450. Prior to this repeal, the Chapter consisted of 32-1701 through 32-1703, based upon Acts 1929, p. 188. 32-1903. Special teachers.--County boards of education and boards of education of cities and of graded common school districts may employ supervisors and special teachers of physical education in the same manner as other teachers are employed, provided they possess such qualifications as the State Board of Education may prescribe. Boards of education of two or more school districts, city, graded school, or county, may jointly employ a supervisor or special teacher of physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacation as community centers for the promotion of play and other healthful forms of recreation, under such rules and regulations as to them seem proper. (Acts 1920, pp. 232, 233.) CHAPTER 32-20. FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST. 32-2001. Payments for maintenance of schools operated in building without fire escapes, etc.--It shall be illegal for any county superintendent of schools, school treasurer, or other disbursing officer, to pay out any money for the maintenance of any public school while operated in a schoolhouse of two or more stories not provided with ample means of escape from fire or stampedes from other causes, as prescribed in sections 32-2003 and 32-2004. (Acts 1923, pp. 88, 89.) 32-2002. Inspection and report by county superintendent or by president of board of education.--No county board of education shall pay out any funds for maintenance of the public schools in their respective counties until said board shall have required and caused the county superintendent of schools to make an inspection of the school buildings 32-2003 EDUCATION. 588 of said county and file his report of said inspections with the county board of education that the requirements as to fire escapes and safety as prescribed in sections 32-2003 and 32-2004 have been fully complied with: Provided, however, that in incorporated towns and cities owning and maintaining school buildings, said inspection and report shall be dren to a public or private school, and such child shall be responsible for enrolling and attending a public or private school under such penalty for noncompliance herewith as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be made and filed by the president of the board of education or chairman of responsible. the board of trustees or other school authorities in said towns or cities. (Acts 1945, p. 343; 1969, pp. 682, 683.) (Acts 1923, pp. 88, 89.) 32-2003. Minimum safety requirements; escapes on both sides of building.--Minimum requirements for safety as required in this law [ 32-2001 through 32-2004] shall consist of easy means of exit from not less than two opposite sides of the school building; all hall doors shall open outward; and where, in cases of old buildings, there is only one stairway, there must be provided before the school can be legally 32-2105. Minimum annual attendance.--The minimum session of annual school attendance required under this Chapter shall be 175 school days, or for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has completed all high school grades. (Acts 1945, pp. 343, 344.) operated another stairway for exit on the opposite side of the building, 32-2106. Exemptions.--The following classes of children between their or a safe ladder securely fastened to the building and extending from seventh and 16th birthdays shall be exempted from the provisions of one or more windows on the side of the building opposite the stairway this Chapter, the county and independent school system boards of edu- and reaching to within six feet of the ground. cation to be sole judge in all such cases: (a) children mentally or phys- l (Acts 1923, pp. 88, 89.) ically incapacitated to perform school duties; (b) children excused from attendance in school by county and/or independent school system boards 32-2004. Defects in heating installation.--No public moneys shall be of education in accordance with the general policies and regulations paid out for the operation of a public school in a house where the stove pipe runs through the side of the building, or through a window, or through the roof without being safely encased in a brick flue. (Acts 1923, p. 89.) promulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into consideration sickness, seasonable labor and other emergencies which may arise in any school community. (Acts 1945, pp. 343, 344.) 32-2005. Fire escapes for educational buildings and dormitories of more than one story.--It shall be the duty of the boards of trustees, boards of education or such other boards, commissions or persons as may be vested with authority and control over the operation of public schools, colleges or other educational institutions within this State to 32-2107. Administration and enforcement.--It shall be the duty of each county and independent school system board of education within the State to administer this Chapter and to secure its enforcement in cooperation with the other State and county agencies mentioned herein. cause to be erected adequate fire escapes at each end and on the outside (Acts 1945, pp. 343, 344.) of all school, college or educational buildings of any character which are more than one story in height including dormitories for the housing of students of such institutions, said fire escapes to be at least three feet in width, to be securely fastened to the outside walls of said buildings, and to reach within six feet of the ground. (Acts 1935, p. 374.) 32-2108. Visiting teachers and attendance officers.--To facilitate such enforcement, each county and independent school system board of education shall have authority to employ at least one competent and qualified full-time visiting teacher, whose duty it shall be to act as attendance officer to enforce the compulsory school attendance laws of the State, and to discharge such other duties as are usually performed by, or dele- gated to, visiting teachers. Each county or independent school system 32-2006. Funds from which cost of fire escapes to be paid.--The cost of the erection of said fire escapes shall be paid out of the funds allocated to the school authorities by the State Board of Education for the opera- board of education shall fix the compensation of such visiting teachers, payable from the school funds of the State and/or of the county or independent school system, and shall be authorized to prescribe the duties tion and maintenance of public schools or State educational institutions, of such visiting teachers and make such rules and regulations for the and upon the failure of the officials of any such school or institution to performance thereof, not inconsistent with law and rules and regula- erect said fire escapes as provided, it shall be the duty of the State tions of the State Board of Education, as will promote the purposes of Superintendent of Schools to withhold from such school or institution this Chapter. Under rules and regulations determined by the State Board I all funds due it until the provisions of section 32-2005 shall have been complied with. of Education, the State Department of Education shall have authority to determine that where a county or independent school system does [Acts 1935. p. 374.) not require the services of a full-time visiting teacher, then such county or independent school system board of education may dispense with the CHAPTER 32-21. COMPULSORY SCHOOL ATTENDANCE. services of a full-time visiting teacher and shall have authority in place thereof to employ either a part-time visiting teacher qualified in accord- ance with professional requirements prescribed by the State Board of 32-2101. Duty of parent and guardian. Enrollment and attendance of child. Excuse for absences.--(Based upon Acts 1919, pp. 288, 358. Re- Education, or join with a neighboring county or independent school system in the joint employment of a visiting teacher. pealed by Acts 1945, pp. 343, 348.) (Acts 1945, pp. 343, 344.) 32-2102. Duties of board of education and teachers.--(Based upon Acts 1919, pp. 288, 360. Repealed by Acts 1945, pp. 343, 348.) 32-2109. Same; appointment and qualifications; temporary permits to serve.--The appointment of visiting teachers shall be made by the county or independent school system board of education upon the rec- 32-2103. Attendance officer.--(Based upon Acts 1919, pp. 288, 3b0. Repealed by Acts 1945, pp. 343, 348.) ommendation of the county or independent school system superintendent ; but no visiting teacher shall be so appointed unless qualified in accordance with professional requirements prescribed by the State L 32-2104. Duty to send to school children between seven and 16 years old.--Every parent, guardian, or other person residing within the State Board of Education. Persons presently serving as truant or attendance officers in any county or independent school system of the State on the of Georgia having control or charge of any child or children between effective date of this Chapter, as reflected by the payroll of the school their seventh and 16th birthdays shall enroll and send such child or chil- board of the county or independent school system in which such person 589 EDUCATION. 32-2101a or persons serve during the 1944-45 school session, shall, upon the request of the school board, be granted temporary permits to serve as acting visiting teachers; but such person or persons who do not possess the qualifications prescribed by the State Board of Education for certification as visiting teachers must continue to render satisfactory service or, within five years from the effective date of this Chapter, satisfy such qualifications as will justify certification by the State Board of Education, or they shall no longer be eligible to serve as acting visiting teachers, and the county or independent school system boards of education shall remove them from their positions as acting visiting teachers. (Acts 1945, pp. 343, 345.) 32-2110. Same; employment of officer in lieu of teacher.--County or independent school system boards of education may employ attendance officers in lieu of visiting teachers. Such attendance officers must be paid wholly from school funds of the county or independent school system boards of education. Such attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. (Acts 1945, pp. 343, 345.) 32-2111. Same; duties.--In the discharge of the duties of their office, visiting teachers, acting visiting teachers, or attendance officers shall (1) cooperate fully with the State Departments of Family and Children Services, Labor, and Health, and other State agencies; (2) make monthly and annually reports on attendance and other problems of child school adjustment in their territory to the county or independent school system superintendent respectively; and (3) comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education. (Acts 1945, pp. 343, 346.) 32-2112. Same; removal.--Any visiting teacher or attendance officer appointed under the provisions of this Chapter who fails to perform the duties of this office shall, upon the recommendation of the county or independent school system superintendent, be removed from office by the county or independent school system board of education. (Acts 1945, pp. 343, 346.) 32-2113. Same; eligibility for retirement.--Visiting teachers employed under the provisions of this Chapter shall have the same status with respect to teacher retirement as is set up under the Teachers Retirement System of this State for regular classroom teachers or supervisors whose employment requires that they hold valid certificates issued by authority of the State or county boards of education. Attendance officers employed in lieu of visiting teachers shall not be eligible to participate in the Teachers Retirement System of the State. (Acts 1945, pp. 343, 346.) 32-2114. Same; cooperation by teachers and principals; reports and records of attendance.--Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all schools--public, private, denominational or parochial--to report, in writing, to the visiting teacher or attendance officer of the county, or of the independent school system, the names, ages, and residences of all pupils in attendance at their school and classes within 30 days after the beginning of the school term or terms, and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance, verified by the teacher making such record. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. (Acts 1945, pp. 343, 346; 1969, pp. 838, 840.) 32-2115. Method of dealing with delinquent child absenting self from school.--Visiting teachers and attendance officers, after written notice to parent or guardian of a child, shall report to the juvenile, superior, city, or other court having jurisdiction, any child as a delinquent who absents himself from school in violation of this Chapter. The judge of said court may place said delinquent in a home, or in a public or private institution, where school shall be provided for such child. (Acts 1945, pp. 343, 347.) 32-2116. Effect of partial invalidity of Chapter.--Should any section, subsection, clause, sentence, phrase or part of this Chapter, for any reason, be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions thereof, and the legislature hereby declares that it would have passed this Chapter, each section, subsection, clause, phrase and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases, or parts' thereof, be declared unconstitutional or invalid. (Acts 1945, pp. 343, 348.) 32-2117. Suspension of operation of Chapter by Governor.--When, in the opinion of the Governor, it is necessary because of any riot, insurrection, public disorder, disturbance of the peace, natural calamity or disaster to suspend all or any part of this Chapter in order to protect persons and property or to preserve the health and welfare of the citizens of this State, or to preserve the general welfare of the State, he may do so by issuing his proclamation thereon and filing the same in the office of the Secretary of State. The Governor may proclaim such suspension effective over the entire State, or in any portion thereof. (Acts 1957, p. 168.) 32-2118. Chapter not applicable in districts or systems where operation by officers of State discontinued.--The provisions of this Chapter and section 32-9913 shall not apply in any public school district or system in this State, whether county or independent, wherein the operation of the public schools by public officers of this State is discontinued. Public school district or system as used in this Chapter shall include all public school systems in this State, including those maintained and operated by counties, cities, towns and municipalities, including independent local systems and all public school systems, whether created before or after the Constitution of 1877. (Acts 1958, pp. 231,232.) 32-2119. Excused absences for children serving as pages of General Assembly.--Children who serve as pages of the General Assembly of Georgia during the school year, either at regular or special sessions, shall be granted excused absences for the day or days missed from school while serving as pages therefor, and said children shall be credited as present by the school in which enrolled. (Acts 1963, p. 254.) CHAPTER 32-21A. SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN. 32-2101a. Authority of local units to establish and maintain special courses, classes or schools.--The local units of administration, as defined in Acts 1937, pages 882--892 [see Editorial Note, post], meeting the approval and requirements of the State Board of Education, whether acting under the general law, or special charter provisions, or otherwise, are hereby impowered and authorized to provide for, establish and maintain special courses and classes in and/or schools for speech correction and rehabilitation of those children, who are deaf, or who have defective hearing, or speech, by oral methods, in cooperation with the State Board of Education, or independently, where no State aid or State funds are furnished under this Chapter, and to do and perform any and all acts, necessary or proper, to carry out the terms, intent and purpose of this Chapter. (Acts 1945. pp. 312, 313.) 32-2102a EDUCATION. 590 Editorial Note.--Acts 1937, pp. 882--892, referred to in this section, was repealed and superseded by Acts 1949, p. 1406. See Editorial Note at beginning of Chapter 32-6. For present definition of "local units," see 32-606. 32-2102a. Authority of State Board of Education to establisn special courses, classes, or schools.--The State Board of Education, for and in behalf of the State of Georgia, is hereby impowered and authorized to provide for, establish and maintain special courses and classes in and/ or schools for the correction of speech by oral methods of those who are deaf, or who have defective hearing or speech, in cooperation with, or independently of, local units of administration, with the power and right to promulgate the rules, standards, and requirements for the said courses, classes, and schools receiving State aid under this Chapter, together with the power and right to supervise the methods of operation and administration of the schools receiving State aid under terms of this Chapter, and with the power and right to set the age limits of the pupils and the qualifications of the teachers and pupils of the schools receiving State aid under this Chapter, together with the power and authority to do and perform any and all acts necessary, or proper, to carry out the provisions, intent, and purpose of the Chapter, which is to be given a liberal and broad construction. (Acts 1945, pp. 312, 313.) 32-2103a. Funds and teachers for the purposes of this Chapter.--Upon the approval of the State Board of Education, the common school fund and such appropriations as may have been made, or as may hereafter be made by the General Assembly for common school purposes, or by any agency or bureau, authorized by the General Assembly, to approve and set aside school funds for common school purposes, upon the approval of said agency, or bureau, as to any such funds already approved and set aside for common school purposes, or as may be approved and set aside hereafter by such agency or bureau for common school purposes, shall be used by the State Board of Education to carry out the provisions and purposes of this Chapter in paying teachers' salaries for not less than seven months in each year, in accordance with salary schedules prescribed, or to be prescribed, by the State Board of Education, for teachers in such schools as are defined by Acts 1937, pages 882--892 [see Editorial Note, post] : Provided, no teacher, herein provided for, shall receive less than the minimum salary prescribed or to be prescribed by the State Board of Education, in schools, receiving State aid under this Chapter: and Provided, further, that teachers, as herein provided for, shall not be charged against a local unit in making up the number of teachers in the several groups, as provided for by Acts 1937, pages 882--892, and such State funds, or State aid, shall be used in paying to each local unit of administration (as defined by Acts 1937, pages 8S2--892) which qualifies under this Chapter for the same or like purposes as specified by the provisions in subsection (3) of Section 9 of Acts 1937, pages 882--892, insofar as the said provisions therein are or may be necessary or applicable to carry out the provisions of this Chapter, and the costs and expenses in carrying out the terms of this Chapter as to those schools operating hereunder and receiving State funds, or State aid, for the purposes of this Chapter, shall be paid monthly, semiannually, or annually, as the State Board of Education may determine, to the proper school official of the local unit of administration, after the costs and expenses have been approved by the said State Board of Education, upon such terms and in such manner as the said board may prescribe. (Acts 1945, pp. 312, 313.) Editorial Note.--Acts 1937, pp. 882--892, referred to in this section, was repealed and superseded by the "Minimum Foundation Program," Acts 1949, p. 1406. See Editorial Note at beginning of Chapter 32-6. 32-2104a. Authority of local units to extend term, supplement funds, and employ additional teachers.--The boards of education of any local unit of administration, receiving State funds under the terms of this Chapter, may operate for a longer period than seven months during any school year, and may, in its discretion, supplement the expenses and the State schedule of salaries, and may employ additional teachers not provided for by State funds. (Acts 1945, pp. 312, 314.) 32-2105a. Effect of Chapter on existing school laws.--This Chapter does not repeal, and shall not be construed as repealing, any of the existing school laws, but is to be construed as additional to same. (Acts 1945, pp. 312, 315.) PART HI. VOCATIONAL EDUCATION. CHAPTER 32-22. IN GENERAL. 32-2201. Acceptance of provisions of Act of Congress.--The State of Georgia hereby accepts the provisions of an Act of the Congress of the United States approved February 23, 1917 (20 U.S.C.A., 11 et seq.; c. 114, 1, 39 Stat. 929), the caption of which said Act is as follows: "An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure, and for other purposes," and the provisions of said Act as set forth in Sections 1, 2, 3, and 4 of said Act and the provisions thereunder and appropriations therefor to be used according to and as provided in said Act. (Acts 1919, pp. 288, 361.) 32-2202. Duties of State Board of Education as to vocational education.--The State Board of Education, in offsetting the Federal appropriation, is directed to take advantage of whatever appropriation the State makes to local schools, municipal and county, normal schools and the teacher training department of the University of Georgia in order to secure these funds under the regulations provided by the Federal Vocational Board and also take advantage, when permitted by the Federal Vocational Board, of any appropriations made by any municipality or county to any school of vocational character. To make up any deficiencies that may occur, said board is impowered to use each year so far as may be necessary an amount equal to one-half of the Federal appropriation from any funds not otherwise appropriated in the State treasury. So far as possible said board shall encourage municipal and county educational boards to meet the conditions and secure advantages of this Federal appropriation. (Acts 1919, pp. 288, 362; 1931, pp. 7, 40.) 32-2203. Custodian of funds.--The State Treasurer is hereby made the custodian of any and all moneys received by the State from the National Government under this Chapter, and it shall be his duty to collect said money and pay out the same upon the order of the State Board of Education, evidenced by its warrant. (Acts 1919, pp. 288, 363; 1931, pp. 7, 40.) 32-2204. Representing the State.--(Based upon Acts 1917, p. 200; 1919, pp. 288, 363; 1931, pp. 7, 40. Repealed by Acts 1953, Nov. Sess., p. 401.) 32-2205. Extension work agents.--The boards of education of the several counties may employ and pay agricultural teachers and home economics teachers when employed in the consolidated schools of the counties under provisions of the Vocational Education Act of Congress of February 23, 1917 (20 U.S.C.A., 11 et seq.; c. 114, 1, 39 Stat. 929), and this Chapter. (Acts 1922, pp. 81, 82.) 591 EDUCATION. 32-2220 32-2206. Purpose of sections 32-2206 through 32-2217.--It shall be the purpose of this law [ 32-2206 through 32-2217] to more nearly equalize the educational opportunities in certain phases of vocational education, especially trade and industrial and distributive occupations, to persons of the State, who, in the discretion of the State Board of Education, are of the age that will make it possible for them to profitably pursue training for a specific occupation. (Acts 1943, pp. 672,673.) 32-2207. Definition of local units.--For the purposes of this law [ 32-2206 through 32-2217] the several counties of the State and the various public independent school systems established by law shall be the local units of administration and shall be referred to herein as local school units. (Acts 1943, pp. 672, 673.) 32-2208. Apportionment and distribution of funds.--All funds, whether State or Federal or other funds, which may be made available to the State Board of Education for carrying out the purposes of vocational education as provided by this law [ 32-2206 through 32-2217], shall be apportioned and distributed by the State Board of Education to the various local school units as additional aid for use in helping such local school units in defraying the cost involved in maintaining and operating approved vocational training courses or departments, subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in accordance with the approved State plan for vocational education. (Acts 1943, pp. 672, 673.) 32-2209. Same; basis for trainees living outside jurisdictional area of local unit.--(Based upon Acts 1943, pp. 672, 674. Repealed by Acts 1947, pp. 1161, 1162.) 32-2210. Provisions not mandatory.--Nothing in this law [ 32-2206 through 32-2217] shall give the State Board of Education authority to make it mandatory for local school units to establish and maintain vocational training programs or to participate in the use of funds that may be made available for carrying out the provisions of said law. (Acts 1943, pp. 672, 674.) 32-2211. Authority of State Board of Education.--(Based upon Acts 1943, pp. 672, 674; 1947, pp. 1161, 1162. Repealed by Acts 1953, Nov. Sess., p. 401.) 32-2212. Allowance of enrollment of trainees from outside jurisdictional area as prerequisite.--(Based upon Acts 1943, pp. 672, 675. Repealed by Acts 1947, pp. 1161,1162.) 32-2213. Use of funds for transportation.--In the discretion of the State Board of Education, any funds that are made available for the purposes of these sections [ 32-2206 through 32-2217] may be used for providing transportation to and from the vocational training center for trainees living outside the jurisdictional area of the local school unit. (Acts 1943, pp. 672, 675.) 32-2214. Apportionment of equipment, material, etc., to local units.-- In the discretion of the State Board of Education, any equipment, material, machinery, or other property, now owned and possessed, or may hereafter be acquired by purchase or gift by said State Board of Education, such as are now used in connection with teaching vocational education, may be apportioned and distributed by said State Board of Education to local units, herein defined, who desire to avail themselves of the benefits of this law [ 32-2206 through 32-2217], same to be so allotted, apportioned, and distributed under such rules and regulations as will more nearly equalize the vocational education opportunities of all in every section of the State. (Acts 1943, pp. 672, 675.) Editorial Note.--The phrase, "or may hereafter be acquired," appearing in the above section appears that way also in the enrolled Act. 32-2215. State advisory committee.--There shall be established by the State Board of Education a State advisory committee, composed of equal representation of labor and management, to advise the State Board of Education and its authorized representatives regarding policies and regulations governing the vocational education program which may be developed to carry out the provisions of this law f SS 32-2206 throue-h 32-2217]. (Acts 1943, pp. 672, 675.) 32-2216. Effect of sections 32-2206 through 32-2217 on laws relating to distribution of common school funds.--Nothing in this law [ 32-2206 through 32-2217] shall affect the distribution of funds appropriated to the common schools under Section 9, Acts 1937, pp. 882, 886, nor section 32-948, relating to creating an equalization fund for the public schools and providing for its distribution, but said sections shall remain in full force and effect. (Acts 1943, pp. 672, 676.) 32-2217. Effect of sections 32-2206 through 32-2217 on existing laws relating to vocational education.--Nothing in this law [ 32-2206 through 32-2217] shall affect any of the provisions of section 32-934 or of section 32-2202, but said sections shall remain of full force and effect, and the provisions of this law shall be an enlargement of such provisions therein made. (Acts 1943, pp. 672, 676.) 32-2218. State area trade, vocational, and industrial schools; authority of State Board of Education to establish.--The State Board of Education of Georgia, for and on behalf of the State of Georgia, is hereby authorized and impowered to locate, set up, establish, operate, maintain and carry on State area trade, vocational and industrial schools for teaching vocational, industrial and trade subjects. (Acts 1945, pp. 229, 230.) 32-2219. Same; purchase of land, buildings, and equipment.--To better enable said State Board of Education to properly locate and carry on said State area schools as provided in section 32-2218, said board is hereby impowered and authorized to contract for and purchase real estate and building sites, to build, construct and properly equip and maintain, for teaching and boarding students, all necessary buildings and houses, and to contract for and to purchase, maintain, repair and supply all necessary machinery, equipment, instructional supplies and maintenance equipment. (Acts 1945, pp. 229, 230.) 32-2220. Same; gifts, donations, and Federal aid; administration and distribution of funds.--Said State Board of Education is hereby authorized and impowered to accept and receive donations and gifts, of both real and personal property, including machinery and equipment, from either public or private sources as may be offered unconditionally, or under conditions related to the teaching of vocational, industrial or trade courses, and to accept, receive, use, distribute and administer any and all appropriations that may be made by the Federal Congress to assist the State in the maintenance and operation of State area trade, industrial or vocational schools, and to administer all funds allocated or appropriated by the State of Georgia for setting up, maintaining and operating such State area schools, and to manage, administer and use for such purpose all funds that may be given or donated by individuals or other public or private agencies. Said board is further authorized and impowered to allocate and distribute to the different State area schools established by virtue of authority of this law [ 32-2218 through 32-2223], in such proportion as may, in their discretion, be most advantageous to the State as a whole, any and all machinery and equip- 32-2221 EDUCATION. 592 ment owned or held by said board or which may be hereafter obtained or acquired. (Acts 1945, pp. 229, 231.) 32-2221. Same; prescribing rules and regulations for operation.--Said State Board of Education is hereby impowered and authorized to adopt, promulgate and establish rules and regulations for the operation of such schools, provide for the entrance and enrollment of students for courses therein, to fix and prescribe courses of study to be taught therein, to prescribe the ages, requirements and conditions under which students may be received for instructions in such schools, to prescribe and arrange for classes and courses in the different vocations and trades, and to prescribe and set up courses for citizens of the State who may receive injuries in industry, or otherwise, and to provide for and set up classes to rehabilitate and prepare members of the military taking part in the present World War [II] for remunerative employment. (Acts 1945, pp. 229, 231.) 32-2222. Same; employment of teachers, supervisors, and directors; transportation of trainees.--Said State Board of Education is hereby authorized to employ necessary teachers, supervisors and directors of vocational training for carrying on and operating area trade schools set up, established and operated by virtue of authority invested in said board by this law [ 32-2218 through 32-2222], and said board is hereby authorized to fix and pay the salaries and expenses of said employees, out of funds made available by appropriations of Congress, the State and gifts or donations for such purposes. Said board is also authorized and impowered, where funds are made available therefor, to provide for transportation of trainees to and from State area schools established under authority of this law, this power to be exercised in the discretion of said board of education. (Acts 1945, pp. 229, 232.) 32-2223. Same; law supplementary to laws relating to common schools. --Nothing in this law [ 32-2218 through 32-2223] shall be construed as repealing, changing or modifying any of the laws now in force relative to vocational training in the common schools of the State, nor as repealing, changing or modifying the laws relative thereto or the method of distribution of funds to common schools for teaching vocational subjects, but said law shall be construed as giving and granting additional and supplemental powers relative to the teaching of vocational subjects and courses. (Acts 1945, pp. 229, 232.) CHAPTER 32-22A. VOCATIONAL TRADE SCHOOL BUILDING AUTHORITY. Editorial Note.--By Acts 1956, pp. 806, 807, codified as 32-1432a, the Vocational Trade School Building Authority, established by Acts 1951, p. 132, was abolished and its functions transferred to the State School Building Authority. The functions of the former Vocational Trade School Building Authority are adequately covered in the treatment of the functions of the Georgia Education Authority (Schools), the successor to the State School Building Authority, as such functions are set out in Chapter 32-14A. If a more detailed history is desired, see Acts 1951, p. 132 et seq. CHAPTER 32-23. VOCATIONAL REHABILITATION OF DISABLED PERSONS. 32-2301. Definitions.--As used in this Chapter: (a) "State Board" means the State Board of Education designated as the State Board of Vocational Education; (b) "Division" means the Division of Vocational Rehabilitation established by this Chapter; (c) "Executive officer" means the State School Superintendent designated as the executive officer of the State Board of Vocational Education ; (d) "Director" means the Director of Vocational Rehabilitation Division; (e) "Employment handicap" means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in an impairment of occupational performance ; (f) "Disabled individual" means any person who has a substantial employment handicap ; (g) "Vocational rehabilitation" and "vocational rehabilitation services" mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate an impaired individual for his employment handicap and to enable him to engage in a remunerative occupation, including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, including livestock, capital advances, maintenance, and training books and materials ; (h) "Rehabilitation training" means all necessary training provided to an impaired individual to compensate for his employment handicap including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities ; (i) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impaired individual's employment handicap within a reasonable length of time including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory condition ; (j) "Prosthetic appliance" means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ; (k) "Occupational licenses" means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation ; (1) "Maintenance" means money payment not exceeding the estimated cost of subsistence during the provision of vocational rehabilitation or rehabilitation services. It further includes amounts (in cash or in kind) to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabilitation or rehabilitation services; (m) "Regulations" means regulations made by the director with the approval of the executive officer and State Board and promulgated in the manner prescribed by law; (n) The term "rehabilitation center" is a facility operated for the purpose of assisting in the rehabilitation of impaired persons, which provides one or more of the following types of services: (1) testing, fitting, or training in the use of prosthetic devices; (2) prevocational or conditioning therapy; (3) physical, corrective or occupational therapy; (4) adjustment training, or evaluation or control of special impairments; or, in which a coordinated approach is made to the physical, mental, and vocational evaluation of impaired persons and an integrated program of physical restoration and prevocational training is provided under competent professional supervision and direction; (o) The term "workshop" means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remuneration employment to severely impaired persons who cannot be absorbed in the competitive labor market; (p) The term "blind person" means a person who had (1) not more than 20/200 central visual acuity in the better eye after correction; or (2) an equally disabling loss of the visual field. (Acts 1951, p. 516.) 593 EDUCATION. 32-2308 32-2302. Establishment of Division of Vocational Rehabilitation; director; duties.--There is hereby established in and under the supervision of the State Board a Division of Vocational Rehabilitation. The division shall be administered under the general supervision and direction of the executive officer, by a director appointed by the executive officer, with the approval of the State Board in accordance with established personnel standards and on the basis of his education, training, experience, and demonstrated ability in the field of vocational rehabilitation. The director shall devote his full time to the administration of the vocational rehabilitation program. In carrying out his duties under this Chapter, the director: (a) Shall, with the approval of the executive officer, prepare regulations for promulgation by the State Board governing personnel standards, the protection of records and confidential information, the manner and form of filing application, eligibility, and investigation and determination thereof, for vocational rehabilitation services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this Chapter; (b) Shall, with the approval of the executive officer, establish appropriate subordinate administrative units within the division; (c) Shall recommend to the executive officer for appointment such personnel as he deems necessary for the efficient performance of the functions of the division ; (d) Shall prepare and submit to the State Board annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out this Chapter and estimates of the amounts to be made available for this purpose from all sources; (e) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this Chapter; (f) May, with the approval of the executive officer and the State Board, delegate to any officer or employee of the division such of his powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he finds necessary to carry out the purposes of this Chapter. (g) The director of the Vocational Rehabilitation Division is hereby designated as the administrator of a program provided under Section 221 of the Social Security Act (29 U. S. Code 41) relating to disability determination. Said director shall receive, notwithstanding any other provision of law, and in addition to his regular compensation, such compensation and allowance as may be augmented from grants by the appropriate Federal agency in such amount as is determined by the Federal agency to be commensurate with the duties imposed by said Section 221 of the Social Security Act. (Acts 1951, pp. 516, 519; 1961, pp. 400, 401.) 32-2303. Administration of services.--The State Board, through the division, shall provide the services authorized by this Chapter to the physically or mentally impaired, including the blind citizens, determined to be eligible therefor, and in carrying out the purposes of this Chapter the division is authorized, among other things : (a) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this Chapter to impaired individuals, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this Chapter, such programs, facilities, and services as may be necessary or desirable; (b) To enter into reciprocal agreements with other States to provide for the services authorized by this Chapter to residents of the State concerned; (c) To conduct research and compile statistics relating to the provision of services or the need of services by impaired individuals; (d) To license blind individuals to operate vending stands under its supervision and control and subject to the terms and conditions in regulations issued pursuant to section 32-2302 (a) on: (1) State property; (2) county or municipal property; (3) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U. S. Code 107b) (49 Stat. 1559) and any amendment thereto or any Act of Congress relating to this subject; (4) private property; (e) To provide for the establishment, supervision and control of suitable business enterprises to be operated by the severely impaired individual. (Acts 1951, pp. 516, 520.) 32-2304. Authority to establish rehabilitation centers.--The Vocational Rehabilitation Division is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources and/or by appropriations of the General Assembly or by transfer of funds from other State Departments for the purpose of establishing and operating rehabilitation centers and workshops. (Acts 1951, pp. 516, 521.) 32-2305. Cooperation with Federal Government.--The State Board, through the Division of Vocational Rehabilitation, is hereby impowered and directed to cooperate pursuant to agreements with the Federal Government in carrying out of the purposes of any Federal statutes pertaining to the purposes of this Chapter and is authorized to adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such Federal statutes and appropriations; to administer any legislation pursuant thereto enacted by the State of Georgia to direct the disbursement and administer the use of all funds provided by the Federal Government or this State for the vocational rehabilitation of impaired persons of this State; and to do all things necessary to insure the vocational rehabilitation of impaired persons. (Acts 1951, pp. 516, 521.) 32-2306. Receipt and disbursement of vocational rehabilitation funds. --The State Treasurer is hereby designated as custodian of all moneys received from the Federal Government for the purpose of carrying out any Federal statutes pertaining to the purpose of this Chapter. The State Treasurer shall make disbursements from such funds and all State funds available for such purposes upon certification in the manner provided in section 32-2302 (e). (Acts 1951, pp. 516, 522.) 32-2307. Appropriations.--Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services, and for the administration of said program, shall be submitted by the director to the executive officer of the State Board, and, upon approval by the State Board, shall be included in the estimates made by the executive officer of the State Board to the budget board for the operation of the vocational rehabilitation program. In the event Federal funds are available to the State of Georgia for vocational rehabilitation purposes, the Division of Vocational Rehabilitation is authorized to comply with such requirements as may be necessary to obtain said Federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the State law and Constitution. In the event the National Congress fails in any year to appropriate funds for grants-in-aid to the State for vocational rehabilitation purposes, the executive officer shall include as a part of his budget a request for adequate State funds for vocational rehabilitation purposes. (Acts 1951, pp. 516, 522.) 32-2308. Acceptance of gifts.--The director is hereby authorized and impowered, with the approval of the executive officer and the State Board of Education, to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this Chapter. Gifts made under such conditions as in the judgment of the State Board are proper and consistent with the provisions of this Chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the condition of the gift. (Acts 1951, pp. 516, 522.) 32-2309 EDUCATION. 594 32-2309. Eligibility for vocational rehabilitation.--Vocational rehabilitation services shall be provided to any impaired individual: (1) who is a bona fide resident of the State at the time of filing his application therefor and whose vocational rehabilitation the director determines after full investigation can be satisfactorily achieved; or, (2) who is eligible therefor under the terms of an agreement with another State or with the Federal Government: Provided, that, except as otherwise provided by law or as specified in any agreement with the Federal Government with respect to classes of individuals certified to the State Board thereunder, the following rehabilitation services shall be provided at public cost only to impaired individuals found to require financial assistance with respect thereto: (a) Physical restoration; (b) Transportation provided for other purposes than to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary; (c) Occupational and business licenses; (d) Tools, equipment, initial stock and supplies including livestock and capital advances; (e) Maintenance. (Acts 1951, pp. 516, 523.) 32-2310. Maintenance not assignable.--The right of impaired individuals to maintenance under this Chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors. (Acts 1951, pp. 516, 523.) 32-2311. Retention of title to and disposal of equipment.--The division is authorized to retain title to any property, tools, instruments, training supplies, equipment or other items of value acquired for use of handicapped persons and to repossess and transfer same for the use of other handicapped persons or employees. The director, with the approval of the State Board, is authorized to offer for sale any surplus items acquired in the operation of the program when they are not longer necessary, or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged [receipt?] for same shall be taken from the purchases showing the consideration given for such equipment and forwarded to the State Treasurer and any such funds received by the State Board pursuant to any such transactions shall be deposited in the State treasury in the appropriate Federal or State rehabilitation funds and shall be available for expenditures for any purposes consistent with this Chapter. (Acts 1951, pp. 516, 523.) Editorial Note.--This section follows the Act as printed. It is suggested that "receipt" as inserted in brackets or some similar word was intended. 32-2312. Hearings on applications.--Any individual applying for or receiving vocational rehabilitation, who is aggrieved by any action or inaction of the division, shall be entitled, in accordance with regulations, to a hearing in accordance with the regulations adopted and promulgated by the State Board on that subject. (Acts 1951, pp. 516, 524.) 32-2313. Misuse of vocational rehabilitation lists and records.--It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. (Acts 1951, pp. 516, 524.) 32-2314. Limitation on political activity of employees.--Employees of the Division of Vocational Rehabilitation shall be governed by the prohibitions in the rules and regulations of the State Personnel Board and the Federal Civil Service Commission from participation, in political activity. (Acts 1951, pp. 516, 524.) 32-2315. Saving clause; no rights to vest under Chapter.--The legislature reserves the right to amend or repeal all or any part of this Chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this Chapter, or by acts done pursuant thereto, shall exist subject to the power of the legislature to amend or repeal this Chapter at any time. (Acts 1951, pp. 516, 526.) 32-2316. Vending stands or machines permitted to be operated by blind or seriously disabled persons on State property; license by Division of Vocational Rehabilitation.--For the purpose of providing blind or otherwise seriously disabled persons with remunerative employment, enlarging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting, such blind or otherwise seriously disabled persons who are licensed by the Division of Vocational Rehabilitation of the State Department of Education shall be authorized to operate vending stands on any State property where such vending stands may be properly and satisfactorily operated by blind or otherwise seriously disabled persons. In authorizing the operation of vending stands on State property, preference shall be given, so far as feasible, to blind or otherwise seriously disabled persons licensed bv the Division of Vocational Rehabilitation of the State Department of Education as provided in this law [ 32-2316 through 32-23181 ; and the head of each department or agency in control of the maintenance, operation, and protection of State property shall, after consultation with the director of the Division of Vocational Rehabilitation of the State Department of Education, and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind or otherwise seriously disabled persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the State of Georgia. (Acts 1956, pp. 52, 53.) 32-2317. Same; business sites suitable for disabled persons not open for competitive bidding; disposal of income to State agency.--To effectuate the purposes of this law [ 32-2316 through 32-2318], it is declared to be public policy of the State of Georgia that on any State property where the director of Vocational Rehabilitation determines it to be feasible to establish a vending stand to be operated by a licensed operator as herein provided, and the agency or department or custodian of such property determines that such stand can be established without undue inconvenience to the operation being carried on in such State building or property, the preference herein accorded shall require that such vending stand site not be deemed available for letting to competitive bidders for revenue producing purposes, unless the director of Vocational Rehabilitation declines to establish on said site a vending stand for blind or otherwise seriously disabled persons. The income to the agency controlling the space for such stand sites shall generally not be expected to exceed reimbursement for the cost of providing such stand site space and the services connected therewith, but, in any case where such income exceeds those purposes, the same shall be paid into the general treasury of the State subject to certification and audit. (Acts 1956, pp. 52, 53.) 32-2318. Same; "State property" and "vending stand" defined.--As used in this law | 32-2316 through 32-2318], the following terms shall have the following meanings: (a) The term "State property" means any building, land, or other real property owned, leased or occupied by any department, commission, board, bureau, agency, public corporation or other instrumentality of the State of Georgia, including, but not limited to, the Georgia Building Authority, and any other real property in which the State of Georgia has a legal or beneficial interest: Provided, however, the term 595 EDUCATION. 32-2302a "State property" shall not include any property, real or personal, owned or leased or otherwise tinder the jurisdiction of the Board of Regents of the University System, the State Building Authority (University), and any county or independent school system of this State. (b) The term "vending stand" means vending facilities, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind or otherwise seriously disabled persons, as prescribed by rules and regulations adopted by the Division of Vocational Rehabilitation of the State Department of Education. (Acts 1956, pp. 52, 54; 1969, p. 944.) 32-2319. Subrogation of board to rights of disabled person.--Where a disabled individual who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the State Board of Vocational Education shall be subrogated to the rights of such disabled individual to recover to the extent of the cost of vocational rehabilitation services rendered by the State Board of Vocational Education, exclusive of those services the eligibility for which is not predicated on the need for financial assis;ance with respect thereto. Where the disabled individual receives vocational rehabilitation services without disclosing that he is covered by a hospitalization or medical insurance policy, he shall be liable therefor to the State Board of Vocational Education in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services the eligibility for which is not predicated on the need for financial assistance with respect thereto, or the insurance paid, whichever is the lesser. (Acts 1956, pp. 373, 374; 1957, p. 274.) 32-2320. Medical, diagnostic, physical restoration training; further rehabilitation services; "independent living" defined.--The Division of Vocational Rehabilitation of the State Department of Education is hereby authorized to provide such medical, diagnostic, physical restoration, training, and other rehabilitation services as may be needed to enable disabled individuals to attain the maximum degree of independent living. For the purpose of this section the term "independent living" rehabilitation services means counseling, psychological and related services (including transportation) rendered seriously handicapped individuals and in the case of any such individual found to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefits by way of pension, compensation, and insurance, such terms shall include physical restoration and related services, including corrective surgery, therapeutic treatment, and hospitalization, needed prosthetic appliances and other devices which will contribute to independent living and training in the use thereof, and maintenance needed to assure the availability of such services. The powers herein delegated and authorized for the Division of Vocational Rehabilitation of the State Department of Education shall be in addition to those previously authorized by any other law. This provision shall become effective as of date of passage, and the State Department of Education is hereby authorized to cooperate with the Federal agency in the administration of such a program. (Acts 1959, pp. 343, 345.) 32-2321. Lien of board on cause of action accruing to aided individual; filing as notice; duties and fee of clerk; binding effect.--Where a disabled individual who receives vocational rehabilitation services is entitled to recover damages for said injuries, the State Board of Vocational Education shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the State Board of Vocational Education shall file in the office of the clerk of the superior court of the county wherein said individual resides a verified statement setting forth the name and address of such individual, the name and address of the State Board of Vocational Education, the amount claimed to be due for such vocational rehabilitation services, and, to the best of claimant's knowledge, the name and ad- dresses of all persons, firms or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries; the State Board of Vocational Education shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms or corporations liable for such damages whether or not they are named in such claim or lien. The clerk of the court shall indorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed and the name and address of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien and the claimant of such lien may enforce said lien by an action against the person, firm or corporation liable for such damages. (Acts 1959, pp. 343, 344.) CHAPTER 32-23A. DIVISION OF VOCATIONAL EDUCATION SERVICE. 32-2301a. Definitions.--As used in this Chapter, the following words and terms shall have the following meanings: (a) "State Board" means the State Board of Education, designated as the State Board for Vocational Education; (b) "Division" means the Division of Vocational Education established by this Chapter; (c) "Executive officer" means the State Superintendent of Schools, who shall serve as the executive officer with duties as set forth in section 32-2305a; (d) "Director" means the director of the Division of Vocational Education Service with duties as set forth in section 32-2306a; (e) "Federal Vocational Education Acts" means the Smith-Hughes Act (Public Law 347, 64th Congress), the George-Barden Act (Public Law 586, 74th Congress), and other Federal Acts pertaining to vocational education which have been or may be enacted, and any amendments to present and future laws that have been or may be enacted; (f) "Federal funds" means funds made available to the State under provisions of Federal vocational education Acts ; (g) "State funds" mean funds appropriated by the General Assembly or allotted by the State Board acting in its capacity as State Board of Education or State Board for Vocational Education to be used for programs of vocational education that meet standards established by the State Board; (h) "Vocational education" means any form of education of less than college grade, given in school or elsewhere, including training in agriculture, home economics, trades and industry, distributive occupations, business, commercial and vocational guidance and any other course as may be designated by the State Board of Education carried on in such a manner as to prepare individuals to pursue effectively a recognized profitable occupation, whether pursued for wages or otherwise, but does not include training in fine arts or other subjects of a general academic educational nature, nor vocational rehabilitation as provided for by the General Assembly of Georgia by Chapter 32-23. (Acts 1953, Nov. Sess., pp. 401, 402.) 32-2302a. State Board for Vocational Education; designation.--The State Board of Education is hereby designated as the State Board of Vocational Education and is directed and impowered to do all things necessary and proper to plan, develop and administer a sound and ef- fective program of vocational education for this State. To this end the State Board shall recognize and preserve insofar as practicable its dis- tinct responsibilities for vocational education as distinguished from its activities in the field of general education. Thje^gfatei J3tord/ BjStl^ep separate board minutes of its activities as tional Education. (Acts 1953, Nov. Sess., put ._ \RIES GEORGE 32-2303a EDUCATION. 596 32-2303a. Same; powers and duties.--The State Board of Education, acting in its capacity as the State Board for Vocational Education, shall, among other things, exercise the following powers, duties and responsibilities : (1) Deal with Federal and State agencies and officials on matters involving vocational education ; (2) Prepare, approve and submit to Federal authorities State plans and reports for vocational education as required by Federal laws; (3) On the recommendation of the executive officer appoint necessary personnel to administer and carry out the program for vocational education ; (4) Approve budgets; (5) Prescribe the duties of the executive officer and director of Vocational Education in keeping with sections 32-2305a and 32-2306a; (6) Establish standards, in keeping with approved State plans, to be met and maintained by schools in order to receive State and Federal aid for vocational education ; (7) Approve applications from local school units within the State, and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses; (8) Have control of all State-operated vocational schools now in operation or that may be established in the future and provide for the inspection of courses or training programs to determine if approved standards are being met; (9) Discontinue special or additional aid to a local school unit, if, in the discretion of the State Board of Education, approved standards are not being maintained or other prescribed rules and regulations are not being followed; (10) Maintain an adequate and effective system of teacher training in each of the several phases of vocational education ; (11) Establish a program of State supervision of vocational education ; (12) Conduct studies and investigations for the purpose of promoting and improving vocational education ; (13) Make reports to the Governor and General Assembly, at least biannually, dealing exclusively with the progress and needs of voca- tional education; (14) Submit to the General Assembly and to the budget commission estimates of expenditures necessary for establishing and maintaining an adequate program of vocational education ; (15) Exercise every reasonable effort to establish adequate programs of vocational education wherever a justified need can be established; and (16) Exercise other authority necessary to the maintenance of a sound and effective program of vocational education in the State as a regular and integral part of the total secondary school program. (Acts 1953, Nov. Sess., pp. 401, 403.) 32-2304a. Division of Vocational Education Service; establishment.-- There is hereby created within the State Department of Education a division that shall be known as the Division of Vocational Education Service with a director responsible directly to the executive officer and through him to the State Board. (Acts 1953, Nov. Sess., pp. 401, 405.) 32-2305a. Executive officer of vocational education; duties.--The State School Superintendent shall serve as executive officer. In addition to duties that may be designated by the State Board, he shall perform the following duties: (1) Serve as secretary to the State Board for Vocational Education and keep appropriate minutes ; (2) Be responsible to the State Board for carrying out plans, policies and regulations approved by the State Board; (3) Sign all checks expending State vocational funds and all vouchers authorizing the State Treasurer to expend Federal vocational funds; and (4) Be responsible for maintaining an approved bookkeeping system on all vocational funds and for making necessary financial and statistical reports to Federal authorities as required by Federal laws and regulations. (Acts 1953, Nov. Sess., pp. 401. 405.) 32-2306a. Director of Division of Vocational Education Service; duties.--The State Board shall employ, upon the recommendation of the executive director, a director of Vocational Education Service who must have had at least five years of successful experience as a vocational educator in an approved program of vocational education, and be a graduate of an accredited college with a major in vocational education. The director shall be responsible to the State Board through the executive officer. The director shall be charged with the following duties: (1) Submit names of qualified personnel for employment in the vocational division ; (2) Provide professional leadership for vocational education and direct the work of the staff of the vocational division in accordance with policies approved by the State Board ; (3) Prepare the State plan for vocational education as required by Federal laws and regulations ; (4) Subject to the approval of the State Board, delegate authority to personnel of the Division of Vocational Education Service; (5) With the approval of the State Board, establish appropriate administrative subdivisions or branches of the Division of Vocational Education Service ; (6) Be responsible for the preparation of reports for Federal authorities and for the Governor and General Assembly as required by this Chapter and Federal laws ; and (7) Perform other reasonable duties. (Acts 1953, Nov. Sess., pp. 401, 405.) 32-2307a. Cooperation by State Board with Federal Government.-- The State Board is granted full power to represent the State in any and all matters with reference to the distribution and disbursement of all funds for vocational education received from the Federal Government and to appropriate, apportion and use said moneys in whatever way, in its discretion, best serves the vocational training needs of the State and in conformity with the spirit and intent of the Acts of Congress and the provisions of the approved State plan for vocational education. (Acts 1953, Nov. Sess., pp. 401, 406.) 32-2308a. Chapter 32-23 not repealed or modified.--Nothing herein shall be construed as repealing, modifying, or amending Chapter 32-23. (Acts 1953, Nov. Sess., pp. 401, 407.) PART IV. ILLITERACY. CHAPTER 32-24. DUTIES, ETC., OF STATE BOARD OF EDUCATION. 32-2401. Duties; reports; authority to use funds, etc.--It shall be the duty of the State Board of Education and it shall have the power to make researches, collect data and statistics, and procure surveys of any and all communities, districts, or vicinities of the State, looking to the obtaining of a more detailed, definite and particular knowledge as to the true conditions of the State with regard to its adult illiteracy, and to encourage and promote the establishment of schools for adult illiterates and to cooperate with other State, county or Federal agencies in the elimination of adult illiteracy; and report regularly the results of its labors to the General Assembly; and to interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiteracy of the State, and to do or perform any other act which in their discretion will contribute to the elimination of the State's adult illiteracy by means of education, instruction and enlightenment; and said board shall be impowered to receive, accept, hold, own, distribute and expend, to the end of educating, instructing, enlightening and assisting in the education, instruction and enlightenment of illiterate persons in the State of Georgia, any and all funds or other things of value with which it may be endowed or may otherwise receive; and in the expenditure and disbursement thereof said board shalf be controlled by 597 EDUCATION. 32-2702 such expedient and discreet regulations as it may from time to time adopt: Provided, however, that any and all such funds which may come to the hands of said board shall be expended in keeping with the general purposes of this Chapter. (Acts 1919, pp. 253, 255; 1931, pp. 7, 40; 1943, p. 241.) 32-2402. Rules and regulations.--The State Board of Education shah adopt such rules and regulations as may seem expedient to it for the carrying on of its business in regard to adult illiteracy in the manner which shall seem to it most systematic and satisfactory. (Acts 1919, pp. 253, 255; 1931, pp. 7, 40.) CHAPTER 32-25. SCHOOLS FOR ILLITERATE ADULTS. 32-2501. Schools authorized.--The county commissioners, or the ordinaries of such counties as have no commissioners, shall have authority in their discretion to provide for the carrying on in their respective counties of schools for instructing adult illiterates in the elementary branches of an English education only. (Acts 1920, p. 249.) 32-2502. Expenses.--The expenses of maintaining said schools, when they shall be established in accordance with this law [ 32-2501, 32-2502], shall be paid out of the county treasury and to that end the said county commissioners or ordinaries are hereby authorized and impowered to levy such tax as may be necessary to pay said expenses over and above the sums for which they are now authorized to levy a tax. (Acts 1920, p. 249.) 32-2503. Power of county boards of education to establish and conduct schools.--In those counties where neither the county commissioners nor the ordinaries make provision for the establishment of schools for instructing adult illiterates in the elementary branches of an English education, the county boards of education shall have the power in their discretion to establish and conduct such adult schools and provide for the expenses of maintaining said schools out of any school funds which may be available for that purpose, and to cooperate with any State or Federal agency or authority in promoting adult education and reducing adult illiteracy within their respective counties. (Acts 1943, p. 355.) PART V. PUBLIC LIBRARIES. 32-2605. Duties of State Board of Education relating to libraries; employment of staff; expenses.--The State Board of Education shall give aid, advice and counsel to all libraries and communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging and other details of library management, and shall exercise supervision over all public libraries, and shall endeavor to improve libraries already established. The State Board may also conduct a book-lending and information service for the benefit of the citizens of the State, free of cost except postage. The board is also authorized to purchase for such purposes books, periodicals and other instructional materials. The board may also employ the necessary professional and clerical staff, upon the recommendation of the State Superintendent of Schools, to carry on the work as herein stated, and pay their necessary traveling expenses while engaged in such work. (Acts 1943, p. 385.) 32-2606. Acceptance of gifts by board. Reports of libraries. Policy as to library service stated.--The State Board shall have authority to accept gifts of books, money or other property from any public or private source, including the Federal Government, and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this law [ 32-2604 through 32-2607]. All public libraries in the State shall submit reports annually to the State Board. It is hereby declared to be the policy of the State as a part of the provisions for public education to promote the establishment and development of public library service throughout the State. (Acts 1943, pp. 385, 386.) 32-2607. Funds for public library services.--The funds now appropriated or otherwise available to the State Library Commission for the carrying on of said work are hereby transferred to the State Board of Education. In order to effectuate the purposes of this law [ 32-2604 through 32-2607] there shall be made available to the State Board of Education whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the said State Board of Education shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards and/or to the other legally constituted local library boards as may now or hereafter be established by law. Said Sta:e Board of Education shall, by virtue hereof, use such funds for the purpose of aiding and supplementing the establishment and development of public library services. (Acts 1943, pp. 385, 386.) CHAPTER 32-26. FUNCTIONS OF STATE BOARD OF EDUCATION AS TO LIBRARIES. 32-2601. (1563) Commissioners; appointment; qualifications; terms; chairman; secretary.--(Based upon Acts 1897, p. 93; 1919, pp. 86, 87. Repealed by Acts 1943, p. 385.) 32-2602. (1564) Duties and reports of commission.-- (Based upon Acts 1919, pp. 86, 87. Repealed by Acts 1943, p. 385.) 32-2603. (1565) No compensation for services; expenses; quarters in capitol.--(Based upon Acts 1919, pp. 86, 88; 1923, p. 57; 1924, p. 50. Repealed by Acts 1943, p. 385.) 32-2604. State Library Commission abolished; transfer of functions and services to State Board of Education.--The State Library Commission is hereby abolished and the functions and services heretofore exercised and performed by it shall be hereafter exercised and performed by the State Board of Education. (Acts 1943, p. 385.) CHAPTER 32-27. PUBLIC LIBRARIES. 32-2701. (1566) How libraries maintained.--Any city may, through its properly constituted municipal authorities, raise by taxation, from year to year, and permanently appropriate money for the purpose of establishing or erecting or maintaining a public library, or assisting in maintaining a public library. Any such sum or sums of money so appropriated shall be expended by and under the direction of the board of trustees of such public library elected by the city council of said city. (Acts 1901, p. 52; 1904, p. 90.) 32-2702. (1567) Disbursements, how made.--In any city in which an appropriation shall be made under or by virtue of the authority conferred by this Chapter, the money so appropriated shall be drawn from the treasury of said city on the warrant of said board of trustees of such public library elected by the city council of said city, and shall be paid out from time to time in the payment of salaries, purchase of books, and other necessary expenses of said library, and an itemized statement of the amounts so paid out shall be made annually to the mayor of said city, and by him submitted to the properly constituted authorities of said city. (Acts 1901, p. 52; 1904, p. 90.) 32-2703 EDUCATION. 598 32-2703. (1568) Donations.--Said board of trustees are authorized to accept and receive donations, either in money, land, or other property for the purpose of erecting or assisting in the erection of suitable buildings for the use of said public library, for maintaining the same, or for assisting in maintaining the same. (Acts 1901, p. 52; 1904, p. 90.) 32-2704. (1569) Duties of board of trustees.--Said board of trustees shall exercise a strict and rigid supervision over said public library, and shall pass all necessary rules and regulations for the government and control of the same; shall elect a librarian and, if necessary, an assistant librarian, or designate some officer or officers to perform the duties of librarian or assistant librarian; and shall appoint and discharge the said officer or officers at pleasure. (Acts 1901, p. 52; 1904, p. 90.) 32-2705. (1570) Powers of the city.--The municipal government of any such city shall have authority to enter into a legal and binding agreement to accept and receive any donation offered by any person or persons on such terms as may be agreed upon between said person or persons and said municipal government, and such agreement so made shall be legal and binding upon said municipal government and its successors; and all agreements by said municipal government of said city to pay any sum or sums of money annually thereafter for the use of said public library shall be legal and binding on the said city ; and any ordinance or ordinances carrying said agreement into effect shall have the force and effect of law and be binding on the said city during the time mentioned in said agreement and said ordinance. (Acts 1901, p. 52.) 32-2706. Public libraries outside municipalities; authority to maintain.--Political subdivisions, other than municipal corporations, are hereby authorized to establish and maintain public libraries for purposes of education, and to support the same by current revenue or by donations or bequests which they are authorized to receive for that purpose; and such political subdivisions may contract with each other and with such municipal corporations as may be already maintaining libraries, operated either by their own governing bodies or by boards of trustees or other officials, within the counties in which such municipal corporations are situated, or in adjoining counties, and may enter into cooperative agreements in the establishment and maintenance of such libraries upon such terms as may be agreed on between their respective governing bodies: Provided, however, that any such contract or cooperative agreement relating to a library maintained by a municipality, but operated by a board of trustees, or other officials, shall be made by the governing body of such political subdivision with the governing body of any such municipality and the board of trustees, or other officials through whom such library so maintained by such municipality is operated. (Acts 1935, p. 409; 1937, p. 715.) 32-2707. Same; library board, its personnel and powers.--Whenever, under the provisions of section 32-2706, the governing authorities of any political subdivision shall establish a public library therein, the county board of education shall, ex officio, constitute the library board: Provided, nevertheless, that in the establishment or maintenance of a public library or public library service by contract or cooperative agreement between said political subdivisions, the agreement between the respective governing authorities of said political subdivisions may provide that the library board of a political subdivision already maintaining a public library or public library service may constitute the library board, or said agreement may provide as to the constituency and method of selection of the library board, and such agreements shall be valid to that end; and the library board so constituted shall exercise the powers herein conferred upon library boards, subject to such terms not inconsistent with the general purposes herein provided for, as may be contained in such an agreement. (Acts 1935. p. 409.) 32-2708. Same; supervision of libraries; branches and stations; contracts; librarian; employees.--The library board, as constituted by section 32-2707, shall have general supervision of the public library established in such political subdivisions, and shall have power to make reasonable rules and regulations for the operation of the same. Said board may establish branches and stations wherever deemed advisable and carry on other forms of library extension service; they shall create the office of librarian and fix the term and compensation thereof, said office to be filled by a person with professional library training and experience; and shall determine the number and kind of other employees of the library, appointing and dismissing such employees upon recommendation of the librarian for just cause. Said board shall have power to contract within the limits of the funds available to them by appropriations, taxation, bequest, donation, or from other sources. (Acts 1935, p. 409.) PART VI. EDUCATION OF BLIND AND DEAF PERSONS. CHAPTER 32-28. MANAGEMENT AND CONTROL OF INSTITUTIONS BY STATE BOARD OF EDUCATION. 32-2801. Control of Academy for the Blind and School for the Deaf transferred to State Board of Education.--Effective July 1, 1943, the authority, powers, duties, supervision, control and management of the Georgia Academy for the Blind, as laid down in Chapter 35-7, and the Georgia School for the Deaf, as laid down in Chapter 35-8, are hereby taken from the State Board of Social Security and transferred to the State Board of Education. (Acts 1943, pp. 230, 232.) 32-2802. Inapplicability of laws and regulations governing other schools.--No statute nor regulation as to uniformity of curricula, course of study, textbooks, period of operation, qualifications or compensation of teachers, nor any other statute or regulation, applicable to other schools, shall apply to the schools herein referred to, as it is declared to be the public policy of this State, that on account of the special requirements of care, training, and education of the blind and of the deaf they shall have that care, training, and education specially adapted to their needs, and the State Board of Education is authorized to act accordingly. (Acts 1943, pp. 230, 231, 233.) 32-2803. Transfer of trust fund of Academy for the Blind.--The trust fund appertaining to the Georgia Academy for the Blind known as the "Pupils' Trust Fund" and which had its origin in a private subscription made by members of the General Assembly of Georgia prior to the War Between the States shall be and is hereby transferred to the State Board of Education, which shall administer the income from said fund for the benefit of the pupils of the Georgia Academy for the Blind, said State Board of Education holding and administering said funds as trustees until such time as the General Assembly shall appoint some other agency to operate said Academy for the Blind, and shall appoint some other agency to act as trustees for such fund. (Acts 1943, pp. 230, 231, 233.) 32-2804. Appropriations and receipts from other sources, how used.-- When moneys or properties are appropriated by the legislature, or received from any other source by the State Board of Education for the use and benefit of the Georgia Academy for the Blind or the Georgia School for the Deaf, the said board, unless otherwise directed by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated. (Acts 1943, pp. 230, 231, 234.) 32-2805. Continuance of trusts. State Board of Education as substituted trustee.--Any trust fund or property, real, personal, or mixed. 599 EDUCATION. 32-2901 that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit, or behoof of any such institution, shall not lapse by virtue of any of the provisions of this Chapter, but the same shall remain valid and of full force and effect, and such beneficial interest under any such deed of gift or will or other conveyance shall vest in said State Board of Education as trustee to and for the use, benefit, and behoof of the institution intended to be benefited by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no trustee shall in any contingency exist, said State Board of Education shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance. (Acts 1943, pp. 230, 232, 234.) 32-2806. Education of preschool age handicapped children.--The State Department of Education and county and independent boards of education ate hereby authorized to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of preschool age. The State Board of Education is impowered to adopt the necessary rules and regulations to effectuate the purposes of this section. (Acts 1969. p. 613.) CHAPTER 32-28A. SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND. Editorial Note.---By Acts 1956, pp. 806, 808, codified as 32-1433a, the School Building Authority for the Deaf and Blind, established by Acts 1951, p. 637, was abolished and its functions transferred to the State School Building Authority. The functions of the former School Building Authority for the Deaf and Blind are adequately covered in the treatment of the functions of the Georgia Education Authority (Schools), the successor to the State School Building Authority, as such functions are set out in Chapter 32-14A. If a more detailed history is desired, see Acts 1951, p. 637 et seq. PART VII. TEACHERS RETIREMENT SYSTEM. CHAPTER 32-29. ESTABLISHMENT AND MANAGEMENT OF SYSTEM. 32-2901. Definitions.--The following words and phrases as used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings : (1) "Retirement system" shall mean the Teachers Retirement System of Georgia as defined in section 32-2902. (2) "Board of trustees" shall mean the board of trustees as provided for in section 32-2907 to administer the retirement system. (3) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education. (4) "Employer" shall mean the State of Georgia, the county or independent board of education, the State Board of Education, the Board of Regents of the University System of Georgia, or any other agency of and within the State by which a teacher is paid. Notwithstanding any provisions in prior or future Acts to the contrary, the county and regional library boards or trustees shall be deemed to be the employer of the county or regional librarians, whose salaries are paid in full or in part from State funds, and said employer shall be subject to all provisions of the laws pertaining to the establishment and management of the Teachers Retirement System of Georgia in the same manner as any other employer designated in this Chapter. (5) "Teacher" shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia. The word "teacher" shall also include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the university system and shall include secretary and treasurer of the Board of Regents. The board of trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Chapter. In the event the Georgia Educational Association and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time employee thereof, or the Georgia School Boards Association and any full-time employee thereof request the board of trustees to permit the association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the board may permit such employee to come under the operation of this Chapter as a teacher but the State shall make no contributions on account of such employee. The word "teacher" shall also include regional and county librarians who are compensated in whole or in part from State funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers Retirement System of Georgia is hereby ratified, subject to the same laws and the same rules and regulations applicable to other members of the system. The word "teacher" shall not be deemed to include any emergency or temporary employee. In the event that the Board of Regents of the University System of Georgia and any person employed by Radio Station WGST request the board of trustees to permit the Board of Regents as employer and such employee to make the contributions as herein defined to provide such retirement benefits for such employee, the board of trustees shall permit such employee to come under the operation of this Chapter as a "teacher"; but no contribution of State funds shall be made on account of such employee, but rather an employer's contributions shall come from funds available for the operation of Radio Station WGST: Provided, that any employee qualifying as a "teacher" under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. "Teacher" shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees, and the board of trustees shall determine whether any particular employee is a maintenance or custodial employee: Provided, that any employee qualified as a "teacher" under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. The word "teacher" shall also include the director and any associate directors of the Georgia Educational Improvement Council and such council shall pay the required employer matching funds. The word "teacher" shall also include the full-time executive secretary of the Georgia Vocational Association, and such association shall pay the required employer contribution; such person shall be entitled to receive credit for prior teaching service by paying the employee's and employer's contribution that would have been paid, plus interest at the rate of eight per cent, per annum. (6) "Member" shall mean any teacher included in the membership of the retirement system as provided in section 32-2903. (7) "Service" shall mean service rendered as a teacher and paid for by the State or other employer. (8) "Prior service" shall mean service rendered prior to January 1, 32-2902 EDUCATION. 600 1945, for which credit is allowable as provided in section 32-2904. (9) "Membership service" shall mean service as a teacher rendered while a member of the retirement system for which credit is allowable as provided in section 32-2904. (10) "Creditable service" shall mean prior service plus membership service. (11) "Regular interest" shall mean interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with section 32-2916. (12) "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon, as provided in section 32-2921, subsection (1). (13) "Earnable compensation" shall mean the full rate of regular compensation payable to a member teacher for his full normal workingtime ; in cases where a compensation includes maintenance, the board of trustees shall fix the value of that part of the compensation not paid in money. All moneys paid by a member into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contributions required to be made to the Teachers Retirement System, and also for the purpose of computing any benefits or allowances payable under this Chapter. "Earnable compensation" shall include compensation paid to a member by an employer as defined in subsection (4) of this section from grants or contracts made by outside agencies with the employer. (14) "Average final compensation" shall mean the average annual earnable compensation of a teacher during the last five years of credited service, or, if he has had less than five years of creditable service, his average annual earnable compensation during his total creditable service. (15) "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member. (16) "Pension" shall mean annual payments for life derived from contributions of the State or other employer. (17) "Retirement allowance" shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in section 32-2905, subsection (8). All retirement allowances shall be payable in equal monthly installments, except that the board of trustees may pay, in lieu of a retirement allowance of less than $10 per month, a lump-sum equivalent acturial value. (18) "Retirement" shall mean withdrawal from service with a retirement allowance granted under the provisions of this Chapter. (19) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter. (20) "Annuity reserve" shall mean the present value of all payments to be made on account of an annunity, or benefit in lieu of an annuity, computed at regular interest upon the basis of the mortality tables adopted by the board of trustees. (21) "Pension reserve" shall mean the present value of all payments to be made on account of a pension, or benefit in lieu of a pension, computed at regular interest upon the basis of the mortality tables last adopted by the board of trustees. (22) "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the board of trustees. (23) "Local retirement fund" shall mean any teachers retirement fund or other arrangement for the payment of retirement benefits to teachers, maintained during the calendar year 1943 wholly or in part by contributions made by an employer as defined by this Chapter, exclusive of the system created by this Chapter. (24) "Commencement date" shall mean January 1. 1945, or as soon thereafter as the board of trustees shall determine, for the commencement of contributions by the State, by emolovers and by members, for the annuities and pensions provided by this Chapter. (Acts 1943. pp. 640, 641 ; 1949. p. 1505: 1950, pp. 261, 262; 1953, Nov. Sess., p. 470; 1956, pp. 13, 14; 1957, pp. 118, 119--120; 1959, pp. 315, 316; 1960, p. 935; 1962, pp. 723, 727; 1965, pp. 438, 439; 1965, pp. 652, 653; 1966, pp. 513, 514; 1969, p. 672; 1970, pp. 217, 218.) 32-2902. Name and powers and privileges of system.--A retirement system is hereby established and placed under the management of the board of trustees for the purpose of providing retirement allowances and other benefits under the provisions of this Chapter for teachers of the State of Georgia. It shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the "Teachers Retirement System of Georgia," and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held. (Acts 1943, pp. 640, 644.) 32-2903. Membership.--(1) Any person who becomes a teacher after January 1, 1944 shall become a member of the retirement system as a condition of his employment, except as herein otherwise provided. (2) Any person who was a teacher on January 1, 1943, or becomes a teacher prior to January 1, 1944, shall become a member unless prior to January 1, 1944, he files with the board of trustees on a form provided by the board a notice of his election not to be included in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise accrue to him by participating in the system. Such a teacher who elects not to become a member may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1943, and prior to the time he becomes a member, and without prior service credit: Provided, that any teacher now in life, who has reached the age of 60, who has taught in the common schools of the State, operated by the State Department of Education, or any of the State educational institutions financed by the State of Georgia, for a period of 35 years, and who retired from service in such schools or educational institutions prior to the time this Chapter became effective, shall be deemed a member of the retirement system. Benefits to be paid to such a member shall be computed on the average earnings received by such a member for the last five years of actual services rendered in such schools and educational institutions. (3) A teacher otherwise eligible shall be classified as a member only while he is in the service of an employer not operating a local retirement system. (4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of three consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than two years but not more than three years, such member may be reinstated to membership if he shall pay a sum equal to 12% per cent, of his salary for his last year of service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than three years but not more than four years, such member may be reinstated to membership if he shall pay a sum equal to 25 per cent, of his salary for his last year of service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions, not more than one time after January 1, 1961, may, after five years' active service as a contributing member, reestablish such membership service as represented by the withdrawn contributions upon his payment back into the fund a sum equal to the amount withdrawn plus three and onehalf per cent, interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the board ot trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the board of trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service 601 EDUCATION. 32-2904 credits and other rights as though this Chapter were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution shall be made to his system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. A leave of absence shall be limited to not more than three years for each child adopted. Anything in this Chapter to the contrary notwithstanding the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the retirement system shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953, and each such retirant shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith. In the event a member desires to pursue full-time study which will require a break in service of more than the normal two years herein provided in order to insure active membership, the board of trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years. Such study leave shall be continuous. In no event shall a member's account remain in an active status longer than four consecutive years. Notwithstanding the approval by the board of trustees of study leave, a member shall be covered for disability retirement or monthly death benefits only during the first two years of the total authorized break in service. Furthermore, a member shall not be permitted to establish any period of study leave as creditable service. (5) Any person who is a teacher in both a public school and a private school system on the effective date of this subsection and who has been in that system for the immediately preceding five years and who is a member of the Teachers Retirement System on the effective date of this subsection shall be eligible to continue his membership in said retirement system : Provided, that the employer's contribution shall be paid by the system in which such person is teaching. (Acts 1943, pp. 640, 645; 1947, p. 1494; 1952, p. 254; 1953, pp. 270, 271; 1953, Nov. Sess., p. 394; 1959, pp. 319, 320; 1960, pp. 1116, 1120; 1961, pp. 388, 390; 1964, p. 669; 1969, p. 227; 1969, pp. 384, 385.) 32-2903.1. Eligibility to membership of teachers receiving retirement pay from Regents of University System.--Teachers in the XJniversity System of Georgia who receive or hereafter receive retirement pay or allowances from or through Regents of the University System of Georgia when retired shall not he disqualified from being members or beneficiaries of the retirement system provided for by this Chapter, known as the Teachers Retirement System. The word "teacher" shall be given the same meaning as is provided in this Chapter. (Acts 1945. p. 454.) 32-2903.2. Authority of Regents to supplement allowances.--The Board of Regents is hereby authorized to establish pension and retirement allowances to supplement the allowances provided for teachers under this Chapter. (Acts 1949, p. 1196.) 32-2904. Creditable service.--(1) The board of trustees shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to any one year of service, but in no case shall more than one year of service be creditable for all service in one calendar year. Service rendered for a regular school year shall be equivalent to one year's service. (2) Under such rules and regulations as the board of trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or, in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1, 1943, or has taught two years from January 1, 1945 to January 1, 1948, or has taught one year between January 1, 1945 and January 1, 1948, and has 15 years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to January 1, 1945, for which he claims credit. In the event any person who otherwise would have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the board of trustees shall issue a prior service certificate certifying to the member the period of service prior to January 1, 1945, with which he is credited on the basis of his statement of service, and certifying the amount of his "prior service accumulations" as defined in subsection (3) of this section. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service: Provided, however, that a member may within one year from the date of issuance or modification of such certificate request the board of trustees to modify or correct his prior service certificate. When membership ceases such prior service certificate shall become void. Any member who is unable to qualify for prior service under the provisions heretofore set forth may qualify for such prior service as he has rendered in the public schools or University System of Georgia after he has been a contributing member for five years and upon compliance with other provisions prescribed by this Chapter. Those teachers having signed nonelection cards expressing their desire not to become members, but who now wish to do so, may receive credit for prior service (service prior to January 1, 1945), upon making contributions of five per cent, for the years between January 1, 1945, and the time they shall have become contributing members, plus three and one-half per cent, interest, based on salary earned during such years: Provided, that for all such prior service after July 1, 1961, contributions shall be at the rate of six per cent, plus three and one-half per cent, interest compounded annually to date of payment. (3) The prior service accumulations of a member shall be equal to the amount of the contributions he would have made had the retirement system been in operation, together with regular interest thereon to January 1, 1945, at the rate of regular interest in effect on that date, if he had made contributions during his prior service with respect to his earnable compensation as defined in section 32-2901, subsection (13), including service in a school system in this State which operates or operated a local retirement fund. In determining the earnable compensation of any member for the years of his prior service, the board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by the board as provided in section 32-2916, would have resulted in the same average final compensation on January 1, 1945, as the records show the member received. (4) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the commencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate. (5) Any provision of this Chapter to the contrary notwithstanding, any teacher in this State shall be entitled to have all teaching service included in computing creditable services notwithstanding breaks in membership of more than four years, provided that such teacher shall have paid into the system an amount equal to the minimum required for continuous members plus any interest that would have accrued on contributions of such member to the system during period of nonmembership. No such member shall receive credit for teaching service where contributions were not made during the teaching service or that have not been contributed with interest that would have accrued on such contributions before the credit for service is given: Provided, however, that after five years' membership service a member may reestablish previous credits by paying into the retirement system, prior to retirement, total contributions equal to 10 per cent, (plus accumulated regular interest thereon) of such compensation as the teacher received during those years for which the member desires to establish previous credit. Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the Teachers Retirement System on or after April 1, 1966 to receive full 32-2905 EDUCATION. 602 creditable service for service rendered in a local system prior to membership in the Teachers Retirement System as provided for herein, such teacher must pay, in addition to the amounts provided for herein, the employer amount which would have been paid, plus interest. The board of trustees shall determine this amount: Provided, however, in no case shall a member pay more than the total member and employer contributions and interest in effect at the time such service was rendered. (5-A) Any teacher coming into the Teachers Retirement System shall be entitled to receive credit for prior teaching service in other State or independent school systems, or for teaching service rendered as a teacher in American Dependents' Schools overseas, up to a maximum of 10 years. A teacher desiring to establish credit for service rendered in American Dependents' Schools overseas or in another State that does not permit credit for out-of-State service must pay, in addition to the amount provided for herein, the employer's amount which would have been paid, plus interest at the rate of eight per cent, per annum. (5-B) Any current member who was previously a member of the Employees Retirement System and who withdrew his contributions from the Employees Retirement System not more than one time may establish the service under the Employees Retirement System as creditable service under this system, after having at least five years' service as a contributing member of this system: Provided, such member pays into this system an amount equal to the minimum required for continuous members of this system for all such service under the Employees Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees Retirement System to the date of payment as provided herein. The Employees Retirement System shall pay to this system the employer contribution paid to the Employees Retirement System, plus accrued interest thereon, for any member establishing creditable service, as provided herein, upon receipt of notice from this system, and the member applying for such creditable service shall be required to pay, in addition to the employee contribution provided for above, the difference between the employer contribution paid under the Employees Retirement System and the employer contribution that would have been paid under this system for the period of time covered by the creditable service applied for plus accrued interest thereon. (6) Military service credit.--(a) Any person who was on active duty in the armed forces of the United States during World War I, World War II, the Korean War, or any period of National emergency, may receive military service credit for such period of time up to a maximum of five years under the following conditions: (i) Prior service credit shall be awarded at no cost to the member for any period of military services prior to January 1, 1945. (ii) Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of five per cent, on the compensation last paid to him as a teacher before entering military service or five per cent, on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus three and one-half per cent, interest on said employee contributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of six per cent, on the compensation last paid to him as a teacher before entering military service or six per cent, on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus three and one-half per cent, interest on said employee contributions, compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961. (b) Any person who shall leave the teaching profession to enter military service may return to the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above. (c) Any person who shall interrupt college training to enter military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above. (d) Any person who, after completion of college training, enters military service may enter the teaching profession at any time w'ithin five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above. (Acts 1943, pp. 640, 646; 1947, p. 872; 1953, Nov. Sess., pp. 390, 391; 1957, p. 462; 1957, p. 508; 1959, pp. 319, 322; 1960, pp. 1116, 1117, 1118; 1961, pp. 388, 389; 1962, pp. 723, 727--728; 1963, p. 542; 1965, pp. 438, 441_444; 1966, p. 562; 1966. pp. 564, 565; 1968, p. 543; 1968, p. 1405; 1969, p. 582.) 32-2905. Service retirement benefits.-- (1) Optional and compulsory service retirement benefits.--(a) Any member in service may retire upon written application to the board of trustees: Provided, that the said member at the time of retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service and shall have attained the age of 55 years. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. (b) Any member in service who on the commencement date has attained age 70 or who thereafter attains age 70 shall be retired forthwith on a service retirement allowance at the close of the school year. Upon the recommendation of the employer and approved by the board of trustees a member may be continued in service for a period of one year following each such recommendation and approval, but not beyond June 30, 1952. However, in exceptional instances, where any county or independent board of education may deem it necessary for the efficient operation of its school system, it may, in its discretion, allow teacher members of the retirement system in its respective school system to remain in service for a period not to exceed three years from the date such teacher member of the retirement system attains the age of 70 years, and such teacher member of the system upon reaching the age of 73 shall be retired forthwith on service retirement allowance under the provisions of this Chapter, unless such member receives written approval from his employer to complete the school, contract, or fiscal year: Provided, however, that the provisions of this paragraph relating to retention in service until age 73 do not apply to retirement of teachers in the University System of Georgia. (2) Allowance on service retirement.--Upon service retirement a member shall receive an allowance which shall consist of: (a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and (b) An annual pension which, together with the annuity provided above, shall rrovide a total allowance equal to one and three-fourths per cent, of his average compensation over the five consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40: Provided, however, that in the event any member of the system elects to cease making contributions to the Teachers Retirement System upon completing 40 or more years of creditable service, the annual pension provided in this subsection shall provide a total allowable equal to one and threefourths per cent, of his average compensation over the five consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. (c) In the case of the retirement of any member prior to his attain ment of the age of 62 years, the service allowance above described shall be reduced by 1/12 of three per cent, for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allowances provided or authorized by this amendment [Acts 1966, p. 513] shall not increase the employer contributions beyond the percentage rate of 8.50 per cent, of teachers' salaries. No funds shall be expended or paid as provided in this sub- 603 EDUCATION. 32-2905 section until such time as the provisions of section 32-2932, relative to providing a minimum floor of $5 for each year of service up to 40 years for those members of the Teachers Retirement System of Georgia who retired.on or before July 1, 1961, has been implemented to at least such $5 amount. (d) The board is authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his post-retirement years. Such method of adjustment may result in the adoption by the board of a method of financing other than that described in subparagraphs (a), (b) and (c) of subsection (2) of section 32-2921, and shall be based upon: (1) a recommendation of the board's actuaries; (2) maintaining the actuarial soundness of the system; (3) its application to the retirement income of any beneficiary retiring on or after the adoption of such method by the board of trustees. The board may specify a minimum age which a beneficiary must have attained in order to be eligible for the post-retirement benefit adjustment. (3) Disability retirement allowance.--(a) Any member in service may retire on disability upon written application to the board of trustees: Provided, that the said member at the time of retirement shall have 15 years or more of creditable service, or shall have 10 years or more of creditable service and also shall have attained the age of 60 years. The medical board, after a medical examination of such member by a qualified physician appointed by the board of trustees, shall certify that the applicant is mentally or physically incapacitated for further performance of duty involving active membership with the Teachers Retirement System of Georgia, that such incapacity is likely to be permanent, and that he should be retired. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. (b) If the member has attained age 62, he shall receive a service retirement allowance as provided in subsection (2). Otherwise he shall receive a disability retirement allowance which shall consist of: (i) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement derived through the application of actuarial disability mortality tables approved by the board of trustees; and (ii) An annual pension computed under the formula provided in subsection (2), paragraph (b), but with no reduction for age less than 62 as provided in paragraph (c) of subsection (2). (c) In the event a member retiring on a disability retirement allowance elects an option under subsection (8) rather than the maximum allowance, then the member will receive a reduced retirement allowance based on actuarial disability mortality tables adopted by the board of trustees. The nearest year of attained age of both the retiring member and his designated beneficiary at date of retirement will be used in the application of the aforementioned actuarial tables to determine the monthly retirement benefits. (4) Reexamination of beneficiaries retired on accour-.t of disability.-- Once each year during the first five years following retirement of a member on a disability retirement allowance, and once in every threeyear period thereafter, the board of trustees may require a disability beneficiary who has not yet attained age 65 to undergo a medical examination, such ex-mination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the medical board, and such a beneficiary may himself request such an examination. Should any disability beneficiary who has not yet attained age 65 refuse to submit to such medical examination, his pension may be discontinued by the board of trustees until his withdrawal of such refusal, and should his refusal continue for one year all his rights in and to his pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the board of trustees may reduce his pension to an amount which, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified: Provided, that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by him together with his annuity, equals his average final compensation. (5) Death benefit.--(a) Upon death of any member in service, leaving a named beneficiary, the beneficiary, depending upon the beneficiary designation form on file with the Teachers Retirement System, shall be entitled to: (i) A cash refund of the member's contributions and interest accumulated at the date of the member's death; or (ii) A monthly benefit computed in the same manner as though the member had. retired as of the date of death on a disability allowance as provided for in (3) (c) above, electing option 2 as provided in subsection (8) ; or (iii) A choice of electing either (i) or (ii) of this paragraph. (b) In order for a beneficiary to be eligible for a monthly death benefit under (ii) or (iii) of paragraph (a), the deceased member must have had a minimum of 15 years' creditable service at the time of death, or have attained age 60 with 10 years of creditable service. The nearest year of attained age of both the member and the beneficiary at the time of the member's death will be used in the application of appropriate actuarial tables and in determining the monthly benefits of the beneficiary. A monthly death benefit will commence the first day of the month following the month in which the member's death occurred. (6) Restoration of beneficiaries to membership.--If a beneficiary is restored to service and receives annual compensation of not less than his average final compensation, his retirement allowance shall cease, and he shall again become a member of the retirement system and contribute thereafter. Anything in this Chapter to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect, and upon his subsequent retirement he shall be credited with all his service as a member, but should he be restored to service on or after the attainment of age 50 his pension upon subsequent retirement shall not exceed the sum of the pension which he was receiving immediately prior to his last restoration to membership and the pension payable in respect to his service since his last restoration to membership. In the application of the foregoing provisions of this subsection to a beneficiary who retired prior to July 1, 1961 and was subsequently restored to service, his pension upon subsequent retirement on or after July 1, 1961 shall be determined as if the pension which he was receiving immediately prior to restoration to service had been equal to the pension which he would have received at his previous retirement on the basis of the provisions of section 32-2905 as in effect on the date of such subsequent retirement: Provided, that such member shall have completed at least one year of creditable service subsequent to such restoration to service, or shall have completed at least one year of creditable service subsequent to such restoration to service and shall have attained age 70. Provided, however, in the event a person is restored to service on or after his attainment of age 50 and again becomes a member of the Teachers Retirement System under this subsection, upon reimbursing the system for any pension received from the system during his retirement, plus regular interest, such person shall receive credit for any prior creditable service and upon subsequent retirement he shall be credited with all his service as a member, provided such person has served at least two school years after such restoration to service. Such person's pension shall be based on the total of his creditable service and he shall not be limited to the sum of the pension he was receiving prior to his last restoration to membership in the system. (7) Return of contributions.--if a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his accumulated contributions to this retirement system together with the accumulated interest shall be payable to him upon hir request after the date he is paid his last compensation as a teacher. If a member dies, the amount of his accumulated contributions, with interest credits thereon, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the board 32-2906 EDUCATION. 604 of trustees; otherwise, to the member's estate if the member had less than 15 years of creditable service at the time of death. If the deceased by paying a fee of 25 per cent, of his last annual salary prior to freezing his credits or the accrued interest at the rate of three and one-half per member had 15 or more years of creditable service or had attained the cent, compounded annually on his annuity account from the date of age of 60 with 10 years or more of creditable service, the death benefit freezing to date of payment whichever is greater. would be paid in accordance with subsection (5) (a) or (b). (Acts 1943, pp. 640, 647: 1950, p. 32; 1950, pp. 261, 262; 1953, pp. 238, (8) Optional allowances.--Until the first payment of any member's 239; 1953, pp. 373. 374: 1953, Nov. Sess.. pp. 114--116; 1956, p. 400: 1958, retirement allowance becomes normally due, he may elect to convert p. 690; 1961, p. 352; 1961, p. 392: 1962, pp. 723, 729; 1963. on. 542. 544; the retirement allowance, otherwise payable to him, into a modified 1964, pp. 669. 671 ; 1965, pp. 208. 210; 1965, pp. 267, 268--270; 1965, pp. retirement allowance of equivalent actuarial value in accordance with 438 444--445; 1966. pp. 513, 516; 1966. pp. 562. 563: 1969. on. 384, 388; one of the optional forms named below: Provided, however, that if he 1969, pp. 388, 389, 390; 1969, p. 391 ; 1969, p. 431; 1970. pp. 217. 219, 220.) dies within 30 days after retirement, his optional election shall not be effective, and he shall be considered to be a member in actual service 32-2906. Administration.--The administration and responsibility for at the time of his death. the proper operation of the retirement system and for making effective Option 1. A reduced retirement allowance payable during the life of the provisions of this Chapter are hereby vested in the board of trustees, the retired member, with the provision that if he dies before he has which shall be organized immediately after a majority of the trustees received in payments of his annuity the amount of his accumulated provided for in section 32-2907 have qualified and taken the oath of contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the board of trustees, otherwise office. (Acts 1943, pp. 640, 652.) to the retired member's estate. 32-2907. Board of trustees; number, election, ex-orficio members.-- M Option 2. A reduced retirement allowance payable during the life of The board of trustees shall consist of nine trustees as follows: the retired member, with the provision that after his death the reduced (a) The State Auditor, ex officio. retirement allowance shall be continued throughout the life of and paid to the person nominated by him by written designation duly executed and filed with the board of trustees at the time of his retirement. Option 3. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death one-half of the reduced retirement allowance shall be continued throughout the life of and paid to the person nominated by him by written designation duly executed and filed with the board of trustees at the time of his retirement. Option 4. A reduced retirement allowance payable during the life of the retired member, with the provision that upon his death some other benefit shall be payable: Provided, that the total value of the retirement allowance payable during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification and provided that the benefit shall be approved by the board of trustees. (9) Time when service benefits become effective.--No member shall retire or receive benefits under this retirement system prior to the commencement date, but any person eligible for service retirement or dis- (b) The State Insurance Commissioner, ex officio. (c) The secretary of the Georgia Education Association, ex officio, and the executive secretary of the Georgia Teachers and Education Association, ex officio. (d) One member, a school administrator or a school principal, and one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the assembly of the Georgia Education Association in accordance with such rules as the board of trustees shall adopt to govern such election: Provided, however, that the two members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946. (e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents. (f) One member, appointed by the Governor for a term of three years ability benefits after January 1. 1943. and prior to the commencement beginning June 30, 1965. All subsequent members shall likewise be ap- date shall be entitled to the benefits provided by this Chapter, even pointed for terms of three years. though he is not a teacher on the commencement date. (g) The ninth trustee shall be a citizen of the State, not a member (10) Vesting of benefits in persons withdrawing from service before of the retirement system, who shall be experienced in the investment age of 60.--Any other provisions of this Chapter to the contrary not- of moneys and who shall be elected by the remaining eight trustees for withstanding, the right of the service retirement benefit under the pro- a term of four years, the first such term to expire June 30, 1947. visions of this Chapter shall vest in a member who withdraws from service prior to attaining age 60, providing said member shall have com- (Acts 1943, pp. 640, 652; 1965, pp. 112, 113.) pleted at least 20 years of creditable service and has not withdrawn his contributions. Said member shall upon filing an application as provided in this Chapter become entitled to service retirement benefit upon his attainment of the age of 60 or at his option at any date subsequent 32-2908. Same; vacancies.--If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term by the remaining trustees. (Acts 1943, pp.' 640, 653.) thereto. The service retirement benefit of any such member shall be as set forth in the Chapter based on the total credits accrued at the date of his withdrawal from service, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contributions at the time of his withdrawal from service, and nothing in this Chapter shall be construed as providing for any benefits prior to attaining age 60 other than a return of the contributions in case of death. Any other provisions of this Chapter to the con- 32-2909. Same; compensation of members.--The trustees shall receive the sum of $20 per diem for each day of attending meetings of the board or for any committee meetings called pursuant to authorization of the board, and for time spent in necessary travel. In addition thereto, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall receive no per diem but shall only be trary notwithstanding, the provisions of this subsection shall inure retro- entitled to reimbursement of actual expenses. actively to the benefit of all members who completed at least 20 years' (Acts 1943, pp. 640, 653; 1964, p. 219.) creditable service prior to January 1, 1954, and who have not withdrawn their contributions. In case a member returns to active service in the 32-2910. Same; oath of members.--Each trustee shall, within 10 days public schools or University System of Georgia for one year or more after his appointment or election, take oath of office that so far as it prior to age 60, he may reestablish such credits that he had at the time devolves upon him he will diligently and honestly administer the affairs he withdrew from active service and such credits in which the member of the board of trustees and that he will not knowingly violate or will- had a vested right to a service retirement benefit under this subsection ingly permit to be violated any of the provisions of law applicable to 605 EDUCATION. 32-2921 the retirement system. Such oath shall be subscribed to by the trustee making it and certified by the officer before whom it is taken, and shall be filed immediately in the office of the Secretary of State. (Acts 1943, pp. 640, 653.) 32-2911. Same; quorum; votes; rules and regulations.--Five trustees at any meeting of the board of trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote in the board, and four votes shall be necessary for a decision by the board. Subject to the limitations of this Chapter, the board of trustees may, from time to time, establish rules and regulations for the administration of the funds created by this Chapter and for the transaction of its business. (Acts 1943, pp. 640, 654.) 32-2912. Same; chairman; secretary; employees and their compensation.--The board of trustees shall elect from its membership a chairman and shall elect a secretary who shall not be one of its members. The board shall engage such actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid at such rates and in such amounts as the board of trustees shall approve. (Acts 1943, pp. 640, 654.) 32-2913. Same, keeping actuarial data and record of proceedings; annual reports.--The board of trustees shall keep in convenient form such data as shall be necessary for actuarial valuations of the various funds of the retirement system, and for checking the experience of the system. The board of trustees shall keep a record of all of its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the contingent assets and liabilities of the system. (Acts 1943, pp. 640, 654.) 32-2914. Same; legal advisor.--The State Attorney General shall be the legal advisor of the board of trustees. (Acts 1943, pp. 640, 655.) 32-2915. Medical board.--The board of trustees shall designate a medical board of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under the provisions of this Chapter, and shall report in writing to the board of trustees its conclusions and recommendations upon all the matters referred to it. (Acts 1943, pp. 640, 655.) 32-2916. Actuary; designation, duties. Mortality tables.--The board of trustees shall designate an actuary who shall be the technical advisor of the board on matters regarding the operation of the funds created by the provisions of this Chapter, and who shall perform such duties as are required in connection therewith. From time to time and at least in every five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the board of trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the system, limited to a minimum of two per cent, and a maximum of four per cent., with the rate of three and one-half per cent, applicable until changed by the board. On the basis of regular interest and the tables last adopted by the board of trustees, the actuary shall make annual valuations of the contingent assets and liabilities of the retirement. system. (Acts 1943, pp. 640, 655.) 32-2917. Management of funds; powers of board of trustees.--The members of the board of trustees shall be the trustees of the retirement system, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed by the laws of Georgia upon domestic life insurers in the making and disposing of their investments: Provided, however, no more than 50 per cent, of retirement system assets may be invested in equities. Subject to like restrictions, the trustees shall have the power to hold, transfer and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the board so authorize. (Acts 1943, pp. 640, 656; 1963, p. 433; 1969, pp. 391, 392.) 32-2918. Same; treasurer, appointment, duties, bond.--The treasurer of the board of trustees who shall be appointed by the board, and subject to the rules and regulations of the board, shall be the treasurer of the assets of the retirement system. All payments of the funds of the system shall be made by the treasurer only upon vouchers signed by the treasurer and countersigned by one other person designated by the board of trustees. The treasurer of the board of trustees shall furnish the board of trustees a surety bond in a company authorized to do business in the State of Georgia in such an amount as shall be required by the board, the premium to be paid from the expense fund provided for in section 32-2921, subsection (5): Provided, that if the treasurer is a corporate trustee authorized to do business as such under the laws of this State, no such bond shall be required in the discretion of the trustees. (Acts 1943, pp. 640, 656.) 32-2919. Same; deposits and depositories.--For the purpose of meeting disbursements for pensions, annuities and other payments, there may be kept available cash on deposit in one or more banks or trust companies organized under the laws of the State of Georgia or the United States: Provided, that the sum on deposit in any one bank or trust company shall not exceed 25 per cent, of the paid up capital and surplus of each bank or trust company: and Provided, that each bank shall give a depository bond in an amount sufficient to cover the deposits or each bank shall place in trust a sufficient amount of Federal or State securities to cover the deposits. (Acts 1943, pp. 640, 656.) 32-2920. Personal interest and profit of trustees and employees.--Except as otherwise provided in this Chapter, no trustee or employee of the board of trustees shall have any personal interest in the gains or profits from any investment made by the board, or use in any manner, directly or indirectly, for himself or as an agent, the assets of the retirement system, except to make such payments as are authorized by the board in accordance with the provisions of this Chapter. (Acts 1943, pp. 640, 657.) 32-2921. Method of financing.--All of the assets of the retirement system shall be credited according to the purpose for which they are held among three funds to be known as the "annuity savings fund," the "pension accumulation fund," and the "expense fund." (1) Annuity savings fund. The annuity savings fund shall be the fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from annuities savings fund shall be made as follows: (a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period (after the commencement date) six per cent, of his earnable compensation, but the employer shall not have any such deduction 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 con- 32-2921 EDUCATION. 606 tinuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate in making of deductions the employer may modify the deductions required of any member but not more than 1/10 of one per cent, of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the board of trustees, in such manner as the board shall prescribe, the amount deducted, which shall be credited by the board to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Any other provision of this or any other law to the contrary notwithstanding, any member who has attained age 65 and who has completed 40 or more years of creditable service may elect to continue to make contributions to the system during such continuous period of time that the member continues in service by notifying his employer and the board of trustees of such election in such manner as the board of trustees shall provide. Any member who has discontinued making contributions to the system because of attaining age 65 and 40 years of creditable service and has continuous service to the date this amendment becomes effective may remit to the board of trustees contributions at the rate required by law, under terms and regulations prescribed by the board of trustees, on all earnable compensation received by the member since deductions were discontinued. Such continuous service rendered by a member after attaining age 65 and after completing 40 or more years of creditable service during which time the member continues to make contributions to the system shall be deemed to be creditable service only for the purpose of determining average compensation over the five highest consecutive years used in the calculations of the retirement benefits of such member. (b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided herein, and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this Chapter. (c) In addition to the contributions deducted from the compensation of members as hereinbefore provided, any member may, subject to the approval of the board of trustees and such conditions as the board may prescribe, redeposit in the annuity savings fund by a single payment or by an increased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Chapter, or any part thereof; or any member may, subject to the approval of the board and such conditions as the board may prescribe, deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his prospective retirement allowance, will provide for him a total retirement allowance of not more than one-half of his average final compensation at retirement, but not exceeding age 65. Such additional amounts so deposited shall become a part of his accumulated contributions: Provided, that upon retirement they shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension. (d) The contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund, and any balance of the accumulated contributions standing to the credit of his individual account shall be transferred from the annuity savings fund to the pension accumulation fund. Upon the retirement of a member, his accumulated contributions shall be transferred from the annuity savings fund to the pension accumulation fund. (e) Notwithstanding the preceding provisions, no deductions shall be made from a member's salary if the employer's contribution as to such member is in default. (f) Notwithstanding any other provisions of this subsection, at the close of any school year, fiscal or contract year, in which a member has completed 40 or more years of creditable service, such member may elect in writing to cease making contributions to the system. In the event such election is made, such teacher shall notify his employer and the board of trustees, in such manner as the board of trustees, shall prescribe. After giving the required notice, the employer shall not thereafter deduct, and the employee shall not thereafter be allowed to make, contributions to the Teachers Retirement System from the salary or compensation of such member. (2) Pension accumulation fund. The pension accumulation fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and all benefits in lieu of annuities, payable as provided in this Chapter. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension accumulation fund shall also be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers and from which shall be paid all such pensions and other benefits, as follows: (a) The contributions of employers of members shall consist of a percentage of the earnable compensation of members to be known as. the normal contribution, and an additional percentage of such earnable compensation to be known as the accrued liability contribution. The. rate per centum of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in section 32-2916. Until the first valuation subsequent to December 31, 1960, the percentage normal contribution rate shall be 4.89 per cent, of each member's earnable compensation and the percentage accrued liability contribution rate shall be 3.40 per cent, of each member's earnable compensation. (b) The percentage normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the percentage normal contribution rate shall be determined on the basis of regular interest and the tables last adopted by the board of trustees, as the uniform and constant percentage of the earnable compensation of the average new entrant member which, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to provide for the payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate per centum of the earnable compensation of all members obtained by deducting from the total liabilities of the pension accumulation fund the amount of the funds in hand standing to the credit of the pension accumulation fund, and dividing the remainder by one per cent, of the present value of the prospective future earnable compensation of all members. (c) Immediately following the actuarial valuation as of June 30, 1961, the percentage accrued liability contribution rate shall be computed as the rate per centum of the total earnable compensation of all members which is equivalent to four per cent, of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund, which is not dischargeable by the normal contributions payable in respect of members on that date during the remainder of their active service. Thereafter, the amount of funds for the credit of each annual accrued liability contribution account shall be at least three per cent, greater than the amount placed to the credit of the accrued liability contribution account in the previous year on the basis of the rate determined as of June 30, 1961, and in no event shall the accrued liability contribution in any year be less than the amount which, when combined with the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this subsection (2) during the year then current. The accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed, and approved by the board of trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force in respect of all persons who are at that time members. (d) In addition to the six per cent, contribution of each member 607 EDUCATION. 32-2922 for an annuity savings fund as provided for in section 32-2921, subsection (1) (a), that part of the cost for pensions under this retirement system which is to be borne by appropriation from the State, payable to the board of trustees, shall consist of the normal and accrued liability contributions based on the part of the earnable compensation of members payable from State teacher salary funds as provided by law, or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in subsection (2) (a) of this section, and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in subsection (2) (a) of this section, based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the board of trustees, to be credited to the pension accumulation fund. The compensation of a member referred to herein shall include any compensation derived from grants and contracts made by outside agencies with an employer as defined in subsection (4) of section 32-2901. Such compensation is subject to the employer contribution rate. The outside agencies supplying the grants or entering into the contracts shall pay the applicable employer contribution rate as set forth herein to the employer. The employer shall pay the employer contributions which are collected to the board of trustees, (e) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the board of trustees shall transfer from the pension accumulation fund to the annuity savings fund such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund. (3) Expense fund. The expense fund shall be the fund to which shall be credited the State funds provided by an appropriation to pay the administrative expense of the retirement system, and from which shall be paid all expenses incurred in the administration and operation of the system. (4) Appropriation requests. Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the percentage 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 employer, other than the State, having members in its employ shall include in its. budget filed with the State Superintendent of Schools amounts equal to the contributions on account of contributing members in its employ for the ensuing year. The State Board of Education and the Board of Regents in their estimates submitted to the Governor and General Assembly of the funds necessary for the operation of their respective school systems shall include a request for an appropriation payable to the board of trustees in an amount equal to the aforesaid percentages of the part of the earnable compensation of members payable from State teachers' salary or from [funds] of the Board of Regents or from other State funds and for an additional amount as expense for the operation of the Chapter: Provided, that the percentage contribution rates for pensions beginning on the commencement date and until changed, as herein provided, shall be as set forth in subsection (2), paragraph (a) of this section. The General Assembly shall make appropriations to the board of trustees sufficient to provide for the said contributions equal to the aforesaid percentages as a part of the earnable compensation of members payable from State teachers' salary funds and for the necessary expense to carry out this Chapter. (5) Date of commencement of contributions. No contributions to the retirement system shall be made by the State, by employers or by members prior to the commencement date, except the contribution of the State for an expense fund to pay the expenses of setting up and operating the retirement system prior to that date. On January 1, 1945, or as soon thereafter as the board of trustees shall determine, herein defined as the "commencement date," the board of trustees shall notify all employers, and the employers shall notify the members, that con- tributions will commence on said date; and thereupon the provisions of this Chapter with reference to such contributions will go into effect. In determining the commencement date, the board of trustees shall be governed by the money made available by the State to carry this Chapter into effect. (6) Collection from teachers and remittance to board of trustees. It shall be the duty of each county board of education, the board of education of each independent school system and of each and every employer of school teachers, as employer and teacher are defined by section 32-2901, to deduct and collect from each teacher's salary the amount provided in this section, and to make monthly remittance thereof to the board of trustees created by this Chapter. Each employer of teachers shall likewise make employers' contribution as required by this section and shall make monthly remittance thereof to the board of trustees along with teachers' contributions. (7) Penalty for failing to collect and remit contributions. Should any employer of a teacher as defined by section 32-2901 fail to make collections from teachers and to contribute as required by this Chapter and fail to make monthly remittance of the amounts as required by subsection (6), it shall be the duty of the board of trustees to notify the State Board of Education of such failure, and thereupon it shall be the duty of the State Board of Education to withhhold from said count; board or school unit failing to comply herewith all appropriations allotted to such county board of education or school unit until said county board of education or school unit has fully complied with the provisions of subsection (6) by making remittance of the sums of contributions required of teachers and employers by this Chapter. (Acts 1943, pp. 640, 657; 1947, pp. 1155, 1156; 1950. pp. 261, 264--265; 1956, pp. 400, 401; 1961, pp. 392, 395--396; 1962, pp. 723, 724--725; 1965, pp. 438, 445; 1966, pp. 562, 564; 1967, p. 126; 1970, pp. 217, 218.) 32-2921.1. Further provisions as to transfer of credits from Employees Retirement System to Teachers Retirement System.--Any other provisions of law to the contrary notwithstanding, any member who has service credits with the Employees Retirement System of Georgia may have such service credits including employer and employee contributions transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the Board of Trustees of the Teachers Retirement System in writing of his election to transfer such service credits: Provided, however, such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death or normal service retirement: Provided, however, that said employee be required to make additional contributions to the Teachers Retirement System of Georgia so that his annuity account balance will be the same as though he has been a member subsequent to July 1, 1956 of the Teachers Retirement System of Georgia during the period of membership service, or in the absence of such payment by the individual, the Teachers Retirement System shall adjust his credits in proportion to the said transferred contributions by the Employees Retirement System to tlie Teachers Retirement System of Georgia. (Acts 1962, pp. 723, 731; 1966, pp. 513, 517; 1968, pp. 1405, 1406.) 32-2921.2. Salary deductions for annuity contracts of teachers hired from other Georgia school systems.--The several county and independent school system boards of education and county and independent school system school superintendents are hereby authorized and directed to accept, adopt and withhold salary deductions for the previously obtained annuity contracts of school teachers hired from other Georgia school systems, when the county and independent school system boards of education or county and independent school system school superintendents had notice or knowledge of the annuity contracts before hiring any of the aforesaid teachers. (Acts 1970, pp. 458, 459.) 32-2922. Members of local retirement system.--(1) Teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Chapter and such 32-2923 EDUCATION. 608 teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this section. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of this retirement system had he been a member, the board of trustees shall pay from this system to the managing board of the local retirement funds a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement; and, if, as hereafter provided, he has a prior service certificate in full force and effect, the board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon: Provided, that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by contributions of the employer shall be payable to the retired teacher, and not to the local retirement fund. It shall be the duty of the employers operating local retirement funds to report to the board of trustees annually, or at such other intervals as shall be set by the board, the earnable compensation paid from State funds of each teacher in their employ and such other information as may be needed for establishing the prospective benefit of the member. (2) Within 90 days prior to January 1, 1944, each employer having a local retirement fund shall report to the board of trustees a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from State funds and such other information as shall be needed by the board of trustees in order to establish for each teacher a prior service credit on account of the salary of such teacher paid from State funds, and such board of trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such employer, or in the service of an employer not having a local retirement fund, without a break in service which would have resulted in the canceling of such certificate had the teacher been a member of such system. Should a member of the system enter the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and become subject to the provisions of the local retirement fund but he shall not lose his previous accrued credits in the State Retirement System so long as he continues in the service of such employer, and he shall accrue additional credits on such part of his salary as is paid from State funds. (3) Should a teacher in the service of an employer operating a local retirement fund become a member of this retirement system by entrance into the service of an employer, without a local retirement fund, he shall contribute to the State Retirement System while so employed and continue with the previous credits in the State Retirement System which he had at the time of becoming a member. (4) Notwithstanding any other provisions of this Chapter, the actuary in determining the normal and accrued liability contributions, and the board in setting such contributions and the amount of the appropriations to be paid by the State to the pension accumulation fund, shall include the liabilities on account of the State compensation paid to teachers in the employ of employers having local retirement funds, and the pension payable from the pension accumulation fund shall include those payable on account of teachers in the service of employers having local funds as provided in this section. (5) If the majority of teachers in the service of an employer operating a local retirement fund vote to discontinue the local retirement fund and the employer approves such discontinuance, the local retirement fund shall be dissolved and its operation discontinued as of a date to be set by the employer. Teachers in the employ of such employer shall thereupon become eligible for membership in this retirement system. Within one year after the dissolution of the local retirement fund, its managing board shall pay to each teacher covered by the local retirement fund the amount, if any, which would have been payable under the local retirement fund as a withdrawal benefit had his employment terminated on the date of dissolution. If the assets of the local fund are not sufficient to make the aforesaid payments in full to or in respect of all teachers, the payments made shall be reduced in the ratio that the amount of such asset bears to the total of such payments if made in full; or if a balance remains after making such payments in full to or in respect of all teachers, such balance shall be paid by the managing board of the local retirement fund to the employer. Upon the dissolution of any local retirement fund, in accordance with this subsection, the employer shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund is dissolved. (6) If any local retirement fund shall be dissolved as herein provided within six months after the commencement date, teachers in the service of such employer shall be entitled to become members of this system as of the date of such dissolution, and shall be entitled to prior service credits herein provided for other members for service previous to July 1, 1943, and shall be entitled to creditable service after the date of such dissolution. (7) Anything in this section to the contrary notwithstanding, an employer operating a local retirement fund may elect to have benefits payable under this retirement system in respect of earnable compensation in excess of the part of earnable compensation payable from the State funds, and, if the board of trustees of this system approves, an actuarial valuation shall be made by the actuary of this system to determine the amount of the additional contribution payable by the employer to provide such additional benefits. Upon agreement of the employer to provide such additional contributions by uniform payments over a period of not more than 20 years, such additional credits shall be allowed the members in the employ of such employer as will result in the payment of such additional benefits at retirement. (Acts 1943, pp. 640, 664; 1953, Nov. Sess., p. 341; 1962, pp. 723, 726; 1966, pp. 564, 566.) 32-2923. Exemption of rights under Chapter from legal process. Assignability.--(a) The right to a pension, an annuity, or a retirement allowance, to the returns of contributions, the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Chapter, and the moneys in the various accounts created by this Chapter, are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this Chapter specifically otherwise provided. The exemptions and immunities provided hereunder shall extend to benefits accrued or accruing to a member of a local retirement system, as provided in section 32-2922, to the extent attributable to amounts paid by the retirement system to such local retirement system for the account and benefit of such member. (b) A resident of this State who receives a pension, annuity or retirement allowance from a teachers retirement system of another State or political subdivision shall have the same exemption or exemptions with respect thereto as are prescribed in subsection (a) provided the law of such other State or political subdivision allows substantially the same treatment to a person residing there with respect to a pension, annuity, or retirement allowance received from the Teachers Retirement System of Georgia. (Acts 1943, pp. 640, 668; 1960, pp. 1153, 1154; 1968, pp. 543, 544.) 32-2924. Correction of errors.--Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the board of trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. (Acts 1943, pp. 640, 668.) 32-2925. Obligations of pension accumulation fund; guaranty.--The maintenance of annuity reserves and pension reserves as provided in this Chapter, the crediting of regular interest to the annuity savings fund as provided in section 32-2921, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this Chapter are hereby made obligations of the 609 EDUCATION. 32-3002 pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits, and investments shall be used for the payment of said obligations and for no other purpose. (Acts 1943, pp. 640, 669; 1962, pp. 723, 726.) 32-2926. Applicability of other statutes providing teachers' pensions or retirement benefits.--Except as specifically provided in this Chapter, no other provision of law under any other statute which provides wholly or partly at the expense of the State of Georgia for pensions or retirement benefits for teachers in the State, their widows, or their dependents, shall apply to members or beneficiaries of this retirement system, their widows, or their dependents: Provided, however, that nothing in this Chapter shall prevent the governing boards of the public school systems of the State and the Board of Regents of the University System of Georgia from making provision for supplementing the retirement and pension allowances of the teachers and other employees of the respective boards who are covered by the terms of the Georgia Teachers Retirement System. (Acts 1943, pp. 640, 669; 1949, p. 1197.) 32-2927. Effective date of Chapter. Time for beginning of contributions; commencement date of amendments.--This Chapter shall become effective upon its approval but neither the State nor any other employer or member shall be obligated to make contributions for the pensions and annuities provided herein until after the General Assembly has by appropriation made available funds for the contribution of the State for its part of such pensions and annuities as stated in this Chapter. The amendments to this Chapter [ 32-2901, 32-2905, 32-2921] made by the Act approved February 16, 1950 shall become effective on that date, but such Act shall not become operative as to any of its provisions prior to the commencement date of such amendments, which is hereby fixed and defined as July 1, 1950. The board, however, is authorized to postpone the commencement date if it finds that placing these amendments in operation on that date may detrimentally affect the actuarial soundness of the retirement system. Such date, however, if so postponed, shall be fixed by the board at as soon a time thereafter as the board determines to be feasible; and the board shall notify all employers and members of the postponed commencement date when it has been determined. (Acts 1943, pp. 640, 669; 1950, pp. 261, 265.) 32-2928. Establishment of pension and retirement allowances out of local funds.--The governing boards of public school systems of the State of Georgia are hereby authorized to establish pension and retirement allowances out of local funds to supplement the allowances provided for teachers by this Chapter. (Acts 1949, pp. 1183,1184.) 32-2929. Transfer of credits from Employees Retirement System to Teachers Retirement System.--Any member of the Employees Retirement System of Georgia who becomes an employee subject to the provisions of the Teachers Retirement System of Georgia may exercise the privilege of transferring his service credits as a member of the Employees Retirement System of Georgia to the credit of his membership in the Teachers Retirement System, provided he files with the Board of Trustees of the Teachers Retirement System an application of his election to transfer such service credits within 90 days after he becomes a member of such system. (Acts 1951, p. 481.) 32-2930. Minimum benefits to teachers retiring with 35 years' service; pro-rata benefits to those with less service.--Any provision in this Chapter to the contrary notwithstanding, the minimum service retirement benefit of a member with 35 years of service shall be $100 per month. The provisions of this section are retroactive to teachers already retired and shall apply on a pro-rata basis to those teachers who retire with less than 35 years' service. (Acts 1956, pp. 789, 790.) 32-2931. Retirement rights under local plans for teachers and employees accepting employment in nonsectarian private schools.--Any teacher or school employee employed in any public school and coming under the provisions of laws relating to any retirement fund or pension system maintained by any county, city or independent school district in this State, or the board of education thereof, who shall accept employment in any nonsectarian private school in this State in which students attending the same are eligible for grants from the State under other laws of this State, shall continue subject to all the provisions of such laws and entitled to all the benefits provided thereby or thereunder, if he shall make or cause to be made to the fund created by such laws such contributions from time to time as would have been required by and for the benefit of such teacher or school employee had he continued in the public schools. (Acts 1957, p. 8.) 32-2932. Procedure for increasing allowances; contribution of State funds.--The board of trustees shall, after an actuarial investigation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this section with authority to increase their retirement allowances in keeping with actuarial soundness of the system. The board of trustees is hereby required to make available semiannually such funds as the income of the State will allow to the retirement structure for those members retired on or before July 1, 1961 until a minimum floor of $5 [see Editorial Note, post] for each year of service up to 40 years is reached. If the funds made available semiannually are not sufficient to fully finance said aforementioned floor the amount necessary to reach said floor or any part thereof may be authorized by the Budget Bureau to be paid from State funds: Provided, however, that the contribution of State funds shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum $5-floor. (Acts 1961, pp. 392, 397; 1962, p. 666; 1963, p. 656.) PART VIII. MEDICAL EDUCATION. CHAPTER 32-30. IN GENERAL. 32-3001. State Medical Education Board; creation; membership; appointments ; terms of office; vacancies.--There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the president of the Medical Association of Georgia, one of whom shall be the immediate past president of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board shall hold office for a term of four years beginning on the first day of April 1953, and every four years thereafter the Governor shall appoint three members for a term of four years, and shall appoint the president and the immediate past president of the Medical Association of Georgia pursuant to their position ana office in those respective capacities. Vacancies shall be filled by appointment of the Governor for the unexpired term. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861,862; 1968, pp. 1686, 1687.) 32-3002. Same; expenses of members.--The members of the board shall serve without pay but shall be allowed $20 per day expenses and traveling expenses of 10 cents per mile for attending'meetings of the board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the chairman or vice chairman of the board, out of any funds made available to said board. ("Constitution 1945. Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 862; 1968, pp. 1686, 1687.) 32-3003 EDUCATION. 610 32-3003. Same; secretary-treasurer, duties, compensation, bond.--The secretary of the board shall be whomsoever is serving as the executive secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the board and who shall also keep the books, records and accounts of the board, and whose compensation as secretary of this board shall be fixed by the board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the board, and the same shall be signed by the chairman of the board. The secretary shall also be the treasurer of the board and shall keep and account for all the funds of the board, and shall execute and file with the board a surety bond in the sum of $10,000, payable to the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the board. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 862; 1968, pp. 1686, 1688.) 32-3004. Same; chairman; vice chairman; office; meetings; quorum; minutes.--The board shall elect a chairman and also a vice chairman to serve in the absence or inability of the chairman. The board shall maintain an office at the Medical College of Georgia, and shall meet at the said office or elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 863.) 32-3005. Loans and scholarships; purpose; amount; investigation of applicants; repayment; interest; preference of applicants; credit for practice in small communities.--It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this Chapter. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition at such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition at such a medical school. The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board as provided for in this Chapter. Applicants who are granted loans or scholarships by the board shall receive a loan or scholarship not to exceed $10,000 to any one applicant to be paid at such time and in such manner as may be determined by the board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited four-year medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sum herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be pro- vided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the-condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with four per cent, interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 10,000 population or less, according to the United States decennial census of 1960 or any future such decennial census, or at Milledgeville [now Central] State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville [now Central] State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health, or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein provided, but not before, the said applicant shall be privileged, entirely at the discretion of the board, to pay off the balance of the scholarship or loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 863; 1960, pp. 1300, 1301; 1962, p. 1039; 1964, pp. 944, 945; 1966, pp. 1082, 1083; 1968, pp. 1686, 1688.) 32-3006. Contracts with applicants and medical colleges; removal of minority disabilities of applicants; cancellation of contracts.--Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Chapter, and the form thereof shall be prepared and approved by the Attorney General of this State, and shall be signed by the chairman of the board, countersigned by the secretary, and shall be signed by the applicant. For the purposes of this Chapter the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract the same as though the said applicant were of the full age of 21 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract. It shall be the duty of the board to contract and make inquiry of such of the four-year medical colleges and schools as herein provided as it deems proper, and make such arrangements and enter into such contracts, within the limitations as to cost as herein provided, for the admission of students granted loans or scholarships by the board, such contracts to be approved by the Attorney General of this State, and the money obligations of such contract as made by the board with any such colleges shall be paid for out of funds to be provided by law for such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or any accredited four-year medical school or college in which said appli- 611 EDUCATION. 32-3105 cant may obtain admission, and which is approved by the board. The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed sufficient by the board. The board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 865.) 32-3007. Requisitions for loan or scholarship funds; warrants; source of funds.--All payments of funds for loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed to the auditor of public accounts, who shall thereupon issue a warrant on the treasury of the State of Georgia for the amount fixed in the requisition and payable to the person designated thereon, which said warrant upon presentation shall be paid by the treasurer out of any funds appropriated by the legislature for the purposes provided for under this Chapter. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 866.) 32-3008. Management and deposit of administrative funds.--All funds made available to the board by Act of the legislature for the purpose of defraying expenses of board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1961, pp. 861, 866.) 32-3009. Reports to General Assembly.--The board shall make a biennial report to the legislature at each session thereof of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this State as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all of its expenditures for salaries and expenses incurred hereunder. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1951, pp. 861, 867.) 32-3010. Purpose and intent of Chapter.--It is the purpose and intent of this Chapter to bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1961, pp. 861, 867.) 32-3011. Scholarships for specialized training in mental illness.--The Director of the Department of Public Health, with the approval of the State Board of Health, is hereby authorized to extend scholarships to physicians and other personnel to take post-graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the grant of such scholarship, the recipient thereof must agree to actively- engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law. (Constitution 1945, Art. VII, Section I, Paragraph II. Acts 1960, p. 1215.) PART IX. MISCELLANEOUS PROVISIONS. CHAPTER 32-31. STATE SCHOLARSHIP COMMISSION. 32-3101. Creation of State Scholarship Commission.--There is hereby created within the executive branch of State Government a commission to be known as the Georgia State Scholarship Commission. The commission shall be an agency of the State of Georgia and a budget unit thereof. The commission shall be authorized and impowered to grant scholarships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a program of study in the paramedical field and other professional and educational fields of study as defined and approved by the commission, with the exception of the program leading to the degree of doctor of medicine. (Acts 1965, pp. 210, 211; 1966, p. 465.) 32-3102. Terms and conditions of scholarships.--The terms and conditions governing the scholarships shall be prescribed and formulated by the State Scholarship Commission, but shall include the condition that each recipient, upon completion of his course of study, shall repay his scholarship as follows: (1) by practicing his profession in a community in Georgia in need of personnel in the field in which he was trained for one year for each year the scholarship is financed; or (2) when approved by the commission, in cash with interest at the rate of six per cent, per annum, said interest to accrue from the date each payment is made. (Acts 1965, pp. 210, 212.) 32-3103. Members of the commission.--The State Scholarship Commission hereby created shall be the members of the board of directors of the Georgia Higher Education Assistance Corporation, created by Chapter 32-33, with the power, authority and responsibility to govern and administer the program of the State Scholarship Commission, as provided by law. (Acts 1965, pp. 210, 212.) 32-3104. Terms of members of the commission.--The terms of office of members of the State Scholarship Commission shall be the same, and run concurrently with the terms of directors of the Georgia Higher Education Assistance Corporation as provided by Chapter 32-33, creating the corporation. (Acts 1965, pp. 210, 212.) 32-3105. Officers of the commission.--The officers of the commission shall consist of a chairman, vice chairman and executive director. The chairman and vice chairman shall be elected by the commission from its membership. Members of the commission shall receive as compensation for their services a per diem of $20 and expenses for travel and lodging. The executive director of the commission shall also serve as treasurer. The executive director and treasurer of the commission shall be selected and employed by the Georgia State Scholarship Commission. The executive director and treasurer shall serve at the pleasure of the board of directors and shall receive such salary and other compensation as shall he determined Snd fixed by the board. He shall execute and file with the commission a surety bond in the sum of $50,000 payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the commission. The executive director shall properly account for all funds coming into his hands as executive director and treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the commission and subcommittees. He shall be authorized and impowered to operate and carry out the objectives and details of the program. The commission shall be authorized to employ such other professionally qualified personnel, clerical and other employees as may be necessary to effectuate the purposes of the commission and of this Chapter, and such personnel shall be subject to and covered by Chapter 40-22, creating and establishing a merit system of personnel administration. The chairman shall be authorized to appoint subcommittees composed of representatives from each profession represented in the scholarship program to assist in the selection of recipients for scholarships in that 32-3105.1 EDUCATION. 612 particular profession. Persons appointed to the subcommittees shall not receive any compensation for their services but shall be reimbursed for expenses of travel and lodging. (Acts 1965. pp. 210, 212; 1966. pp. 465, 466; 1969. pp. 246, 247.) 32-3105.1. Public relations and public information program.--In order to carry out and better effectuate the purposes of this Chapter, the commission shall be authorized to either independently, in conjunction with, or, by agreement, in cooperation with other persons and agencies, either public or private, conduct a public relations and public information program designed to collect and disseminate information regarding State, Federal and private scholarship, grant-in-aid, stipend, or other similar aid programs providing higher education financial assistance to students, and particularly financial aids available to students desiring to study in fields wherein shortages of trained personnel exist, as defined by the commission, and regardless of whether such programs are directed or administered by the commission. Said public relations and public information program may likewise be designed to encourage persons to enter into such critical fields of study and work. The commission shall be authorized to enter into contracts for such purposes with persons or agencies, either public or private ; to utilize all forms of communication media and promotional activity and materials for such purposes; and to ex pend funds for the purposes herein provided. (Acts 1968, p. 385.) 32-3106. Vacancies in office.--Vacancies for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim. (Acts 1965, pp. 210, 213.) 32-3107. Meetings.--The commission shall meet at least once in each fiscal year at a regular time established by the commission, and may meet at such other times as the chairman may designate by giving at least five days' notice. (Acts 1965, pp. 210, 213.) 32-3108. Duties of the commission.--In accordance with the provisions of this Chapter, the commission shall formulate all rules and regulations necessary for the efficient and effective conduct of the scholarship program; determine the areas in which specific services are needed; prepare and supervise the issuance of public information concerning the provisions of this Chapter; prescribe the form and regulate the submission of applications for scholarship; conduct any conferences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; allow or disallow all applications for scholarships, or renewal of scholarships; contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and manage, operate and control all funds appropriated for this purpose. The commission is authorized to take, hold and administer, on behalf of the commission and for any of its purposes, real property, personal property and moneys, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the commission. The commission may acquire property or moneys for such purpose by the acceptance of gifts, grants, bequests, or devise. It shall be the further duty of the commission to approve the community or site of employment selected by recipients who wish to repay their scholarships in services after the need for such services has beep established by a full investigation by the commission. The commission shall be authorized to contract with the administrators of other State scholarship programs in order to collect information about all student aid programs of this State, disseminate this information to Georgia students, provide for simple and standard student aid application forms and records, process applications to determine the academic qualifications and financial needs of students, establish a specific State-wide time schedule for scholarship and loan requests, and deliver needed information and processed applications to other scholarship program administrators. The commission is authorized to enter into contracts with the Federal Government in order to secure the benefits of any Federal financial aid program for students desiring study in the paramedical, professional or educational fields. Notwithstanding any provision of this Chapter to the contrary: (a) None of the provisions thereof shall be construed to prevent the acceptance of Federal funds and express authorization is hereby given to the commission to accept, use and disburse Federal funds made available to the commission by the Federal Government under any law, rule, regulation or formula for the granting of Federal funds. (b) The commission is authorized to comply with the requirements prescribed by Congress as conditions to receiving said funds. (c) To the end of impowering the commission to comply with Federal rules, regulations or formulas and to effectuate the purposes provided in this Chapter, the commission is authorized to promulgate all necessary rules and regulations, and to do all things necessary and proper to the securing of the maximum amount of Federal funds. (d) In the event that the Congress of the United States appropriates funds providing for grants or scholarships to the State Governments or to any agency, department, bureau, or other division of State Government, or to commissions as created by this Chapter, for educational purposes as provided in this Chapter, the commission is authorized to cooperate with the Federal Government in such program, to accept funds from the Federal Government in the maximum amounts made available, to disburse same and to comply with all requirements of the Federal Government necessary to the securing of such funds. (e) Any funds which are appropriated to or otherwise made available to the commission shall be available to supply the State's portion of expenditures, if such be required, for the purposes provided in this Chapter. (f) In the event any of the provisions of this Chapter are construed so as to prevent the acceptance, use and disbursement of any Federal funds by the commission, said provision shall be deemed suspended and of no force and effect for such period of time as is necessary in order for the commission to receive, accept and disburse such Federal funds. (g) The commission may accept, use and administer any interest in real, personal or intangible property, money or anything else of value received from any private source for the purpose of establishing any form of student aid program in accordance with such terms and conditions as may be agreed upon between the commission and such private source. (a) Eligibility for scholarship.--An applicant may be eligible for the award of a scholarship when the following conditions are met: (1) That he desires a scholarship in an area in which specific services are needed in Georgia; (2) That he is a bona fide resident of Georgia; (3) That his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires; (4) That he is a person of good moral character: (5) That he has successfully completed the program of instruction prerequisite for admission to the program of study provided for in this Chapter and has been accepted for admission to a nonprofit educational institution approved by the commission; (6) That he has capacity to profit by the course of study for which he seeks aid. In determining an applicant's capacity to profit by the course of study he desires, the commission shall consider his previous scholastic record, the results of examinations conducted under the provisions of this Chapter, and the results of interviews and such other tests or examinations which the commission may deem advisable. In establishing an applicant's financial need, the commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family. (b) Amount of scholarship.--The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized Georgia institutions. 613 EDUCATION. 32-3205 (c) Payment of scholarship grants.--The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the commission governing the grants for each type of scholarship. (d) Renewal of scholarships.--Each scholarship is renewable annually for the number of years required to complete the course of study in which the recipient is engaged. The commission shall grant such an annual renewal only upon the recipient's application and upon the commission's finding that: (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a student in good standing; (2) he remains a resident of Georgia; and (3) his financial situation continues to warrant the award of a scholarship under the standards set forth in this Chapter. (e) Annual report of the commission.--The commission shall make an annual report to the Governor and General Assembly on the activities of the State Scholarship Commission. This report shall include the names of the recipients of the scholarships, the fields of study of each recipient, the amount of the scholarship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget requesting the funds necessary for the operation of the commission. The report shall also include an accounting of repayments of scholarships, whether by services or in cash including six per cent, interest. (Acts 1965, pp. 210, 214; 1966, pp. 465, 467; 1967, pp. 640. 641; 1969, p. 826.) 32-3109. Contracts.--Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholarship Commission agreeing to the terms and conditions upon which the scholarship shall be granted to him. Said contract shall include such terms and provisions as will carry out the full purpose and intent of this Chapter, and the form thereof shall be prepared and approved by the Attorney General of the State of Georgia. Said contracts shall be signed by the executive director on behalf of the State Scholarship Commission and by the applicant. For the purposes of this Chapter, the disabilities of minority age of all applicants granted scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract as though the said applicant were at least 21 years of age. The commission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the commission on any contract. The commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed sufficient by the commission. (Acts 1965, pp. 210, 216; 1967, pp. 640, 642.) 32-3110. Budgets and appropriations.--The executive director and treasurer of the commission shall biennially, or as may from time to time be otherwise required by law, prepare and submit to the commission estimates of the financial requirements of the commission for the next two fiscal years. The estimates shall be on such forms and in such manner as prescribed by the Budget Bureau. Upon approval by the commission, the estimates of the financial requirements of the commission shall be forwarded to the Budget Bureau as required by law and shall be incorporated in the budget report. The State Scholarship Commission shall, in the submission of its budget, provide for a coordinated student aid program as such has been established by the commission and the administrators of the other student aid programs in this State. (Acts 1965, pp. 210, 216; 1966, pp. 465, 468.) CHAPTER 32-32. GEORGIA POLICE ACADEMY. 32-3201. Short title.--This Chapter shall be known as and may be cited as the "Georgia Police Academy Act." (Acts 1962, p. 535.) 32-3202. Definitions.--Unless the context clearly indicates otherwise, the following words and terms when used in this Chapter shall have the following meanings : (a) "Board" shall mean the Georgia Police Academy Board created hereinafter. (b) "Academy" shall mean the Georgia Police Academy provided for hereinafter. (c) "Police officer" shall mean any law enforcement peace officer charged with the duty of enforcing the criminal laws and ordinances of the State, or the counties or the municipalities, who is employed by and compensated by the State or any county or municipality of the State, or who is elected and compensated on a fee basis. The term shall include, but not be limited to, members of the State Department of Public Safety, municipal police, county police, sheriffs, deputy sheriffs, wardens, guards, agents and investigators of the State Forestry Commission, wildlife rangers of fhe State Game and Fish Commission, and agents of the State Revenue Department. (d) "State" shall mean the State Government of Georgia and any department, board, bureau, commission or other agency thereof. (Acts 1962, p. 535.) 32-3203. Georgia Police Academy Board.--There is hereby created the "Georgia Police Academy Board" to be composed of seven members as follows: (1) Director, Department of Public Safety (2) President, Peace Officers' Association of Georgia (3) President, Georgia Municipal Association (4) President, Association of County Commissioners (5) Director, Vocational Division, State Department of Education (6) Two members to be appointed by the Governor The ex-officio members shall serve on the board while they continue to hold their office. The remaining two members shall serve for terms of four years except that the first terms shall expire December 31, 1964. The Governor shall appoint such two members within 45 days from the effective date of this Chapter. In the event a vacancy occurs in the position of such two members the Governor shall appoint a person for the unexpired term under the same procedure as original appointments are made. Such two members shall be eligible to succeed themselves. The members of the board shall elect a chairman, a vice chairman and such other officers as deemed advisable by the board. The board shall provide for a quorum and shall provide for meetings. The board shall adopt such procedures as it deems necessary and advisable for its operation. The members of the board shall receive no compensation or per diem for their services but shall be reimbursed for the expenses incurred in the performance of their duties. (Acts 1962, pp. 535, 536.) 32-3204. Duties, power and authority of the board.--The board is hereby authorized and impowered to establish, operate and maintain a Georgia Police Academy for the purpose of training police officers and others as hereinafter provided. The board is hereby authorized and impowered to do all things and take whatever action necessary to accomplish the above, including, but not limited to, the establishment of training standards and programs, and the promulgation of rules and regulations relative thereto. The board is hereby authorized and directed to select a site for the academy. (Acts 1962, pp. 535, 536.) 32-3205. Administration and funds.--The policies and programs of the board shall be administered by the Department of Public Safety. The academy staff, clerical and other personnel, supplies, material, equipment and other articles necessary for the purposes of this Chapter, shall be furnished by the Department of Public Safety. The funds necessary to carry out the provisions of this Chapter shall come from the funds appropriated to and available to the Department of Public Safety and from any other available funds. The board is hereby authorized to accept gifts, grants, and donations for the purpose of carrying out the provisions of this Chapter. The board is also authorized to accept property, both real and personal, and services, for the purpose of 32-3206 EDUCATION. 614 carrying out the provisions of this Chapter. In administering the policies and programs of the board, the Department of Public Safety shall seek the assistance of the vocational division of the State Department of Education, which is hereby authorized and directed to cooperate and work with the Department of Public Safety. (Acts 1962, pp. 535, 537.) Officer, and one member from each congressional district in the State and two additional members from the State at large, appointed by the Governor and confirmed by the Senate. Initially, the Governor shall appoint two members to serve for a period of one year, two members for a term of two years, two members for a term of three years, two members for a term of four years, two members for a term of five years, and two members for a term of six years. Thereafter, all members ap- 32-3206. Training program.--Subject to rules and regulations prescribed by the board, the training program at the academy shall be made available to all police officers and may also be made available to other persons who evidence interest in entering the police officer profession. The board is hereby authorized to prescribe fees to cover all or a part of the cost of furnishing such training under such rules and regulations as the board shall prescribe. The State, municipalities and counties are hereby authorized to expend funds for the purpose of paying the above fees. The board is hereby given full authority to decide who shall be allowed to enroll in the training program at the academy. (Acts 1962, pp. 535, 537.) pointed by the Governor shall serve for six-year terms. Neither the Governor nor any other State official, not designated herein, shall be appointed a member of this board. All members shall serve until their successors are appointed and qualified. All appointive members shall be at least 21 years of age, citizens of the United States, and residents of Georgia for at least two years. All such members shall take office immediately after their appointment, and their successors shall be appointed at least 30 days prior to the time they are to take office. Members rhall be eligible to succeed themselves. In the event of a vacancy on the board, the Governor shall appoint a person to serve the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad 32-3207. Chapter "permissive.--It is not the intention of this Chap- interim. Appointive members of the board shall receive as compensation ter that it be mandatory that any police officer be required to attend the for their services a per diem of $20 and expenses for travel and lodging. academy. The training program established at the academy shall not Members of the board who are State employees shall receive no compen- supersede any training program for police officers now in existence or sation for their services, but shall be reimbursed for expenses incurred hereafter established, but shall be separate and apart from any other by them in the performance of their duties under this Chapter as herein- training program for police officers. after provided. (Acts 1962, pp. 535, 538.) (b) The officers of the board of directors of the corporation shall consist of a chairman, vice chairman and executive director. The board shall elect from its own members a chairman and vice chairman who CHAPTER 32-33. HIGHER EDUCATION ASSISTANCE CORPORATION. shall serve for terms of one year and who shall be eligible for reelection for successive terms. The executive director of the corporation shall also serve as treasurer. 32-3301. Higher Education Assistance Corporation created.--Pursuant to an amendment to Article VII, Section I, Paragraph II [Const. 1945, 2-5402] of the Constitution authorizing the General Assembly to provide by law for a program of guaranteed student loans for the purpose of acquiring an education beyond the 12th grade and for payment of interest on such loans, ratified at the November 1964 general election, there is hereby created a nonprofit corporation which shall be known as the Georgia Higher Education Assistance Corporation. The executive director and treasurer of the corporation shall be selected and employed by the board of directors of the Georgia Higher Education Assistance Corporation. The executive director and treasurer shall serve at the pleasure of the board of directors and shall receive such salary and other compensation as shall be determined and fixed by the board. He shall execute and file with the corporation a surety bond in the sum of $50,000 payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the corporation. The executive director shall (Acts 1965, pp. 217, 218; 1966, pp. 726, 727.) properly account for all funds coming into his hands as executive director and treasurer. He shall keep full and permanent minutes and i 32-3302. Purposes of corporation.--The purposes of such corporation records of all proceedings and actions of the board of directors. He shall be to improve the higher educational opportunities of persons shall be authorized and impowered to operate and carry out the objec- who are residents of this State and who are attending or plan to attend tives and details of the loan program. He shall be authorized to employ colleges in this State or elsewhere by guaranteeing a loan of funds to professionally qualified personnel, experts, agents, consultants, and such persons to assist them in meeting their expenses of higher educa- employees, on a full-time or part-time basis, as may be necessary in order tion, all in accordance with the provisions of this Chapter and pursuant to carry on properly the business of the corporation and effectuate the to the Constitution of this State. (Acts 1965, pp. 217, 218.) purposes hereof: Provided, however, that .ill legal services for the corporation shall be rendered by the Attorney General or by an attorney-atlaw designated by him. Non-contractual full-time personnel employed 32-3303. Definitions of terms.--As used in this Chapter the following shall be subject to and covered by Chapter 40-22 creating and establish- terms shall have the following meanings: 1. "Corporation" shall mean the Georgia Higher Education Assistance Corporation. 2. "Board" shall mean the board of directors of the Georgia Higher Education Assistance Corporation. 3. "College" shall mean any eligible institution, either within or without the State of Georgia, providing education beyond the 12th grade, recognized and approved by the board of directors pursuant to such regulations as may be adopted by the board. (Acts 1965, pp. 217, 218; 1967, pp. 644, 645; 1968, pp. 386, 387.) ing a merit system of personnel administration. The executive director shall be authorized to purchase the services of persons and agencies specializing in the tracing and location of debtors and the collection of accounts receivables, and to pay costs associated with the purchase of such services, attorney fees and expenses, court costs, and other expenses associated with collection of funds owed to the corporation, from funds available to the corporation's student loan insurance fund or student loan interest fund, as may be applicable, or from any other funds appropriated to the corporation for operating expense purposes. (c) The board shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the 32-3304. Members, terms of office, qualifications, expenses; officers; meetings; bylaws; employees; executive committee.--(a) The corporation shall be governed, and all its corporate powers exercised, by a board of directors which shall consist of members as follows: the Chancellor of the University System of Georgia, the Chairman of the Board of Regents, the State School Superintendent, and the State Budget transaction of any business and. unless a srrea*er number is required by the bylaws of the corporation, the act of the majority of the directors present at any meeting shall be deemed the act of the board. (d) The board shall adopt bylaws for the corporation and shall approve the appointment of such officers and employees as it deems advisable and may fix their compensation and prescribe their duties. 615 EDUCATION. 32-3305 (e) The board may elect an executive committee of not less than seven members who in intervals between meetings of the board may transact such business of the corporation as the board may, from time to time, authorize. The concurrence of five members of such committee shall be the act of such committee. Any action of the executive committee shall be binding upon the corporation unless such action is rescinded at the next regular meeting of the board of directors: Provided, further, any State employee serving on this committee shall receive no compensation but shall receive reimbursements for actual expenses expended. (Acts 1965, pp. 217, 218; 1966, pp. 726, 728; 1969, p. 237; 1970, p. 478.) 32-3305. Powers of board of directors.--The board shall have the following powers: (1) To authorize the corporation to guarantee payment, in the event of default, and subject to limitations, terms and conditions prescribed by the board, of educational loans made by eligible lenders to residents of this State who are attending or who plan to attend colleges in this State or elsewhere as a full-time student in an amount not to exceed: $1,200 for each academic year of study or its equivalent at the undergraduate level, which shall be deemed to include any academic year of study or its equivalent in an eligible business or trade school, technical institution, or vocational/technical school providing an approved program of study at the post-secondary level; or $1,500 for each academic year of study or its equivalent at the graduate level: Provided, however, that the aggregate insured unpaid principal amount outstanding on all loans guaranteed for any one student shall not at any time exceed $7,500: and Provided, further, however, in the case of a student already attending an eligible educational institution, that he be in good standing there as determined by the educational institution. Students classified by the educational institution as being a half-time student shall be eligible to have educational loans made to them by an eligible lender guaranteed by the corporation in an amount not to exceed one-half of the amount prescribed above in any academic year of study or its equivalent according to the student's undergraduate or graduate level classification. The board shall be authorized to define the meaning of the terms "event of default," "full-time student," "halftime student," "academic year of study or its equivalent," and all other terms and phrases used in this Chapter to the extent that the same require further clarification or definition by the board for administrative purposes or in order to effectively carry out the purposes of this Chapter. (2) To take, hold and administer, on behalf of the corporation and for any of its purposes, real property, personal property and moneys, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the corporation. The board may acquire property or moneys for such purpose by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans: Provided, however, no obligation of the corporation shall be a debt of the State and the corporation shall have no power to make its debts payable out of any moneys except those of the corporation. (3) To enter into contracts with the colleges upon such terms as may be agreed upon between the corporation and any such college so as to provide for the administration by such college of any loan guaranteed by the corporation, including applications therefor and repayment thereof. (4) To sue and be sued in the name of the corporation. (5) To adopt rules and regulations not inconsistent with law governing the application for and administration and repayment of loans guaranteed by the corporation. (6) To enter into contracts with the Federal Government in order to secure the benefits of any Federal financial aid programs for students, colleges and other facilities or institutions providing education. (7) To provide that the benefits of any such guaranteed loan program shall not be denied any student because of his family income or lack of need if his adjusted family income at the time any note or written agreement relative to such loan is executed is less than $15,000 as may be determined by the board. (8) To provide that any note or other written evidence relating to any such guaranteed loan shall provide that: (1) The student borrower shall be entitled to accelerate, without penalty, the payment of the whole or any part of a guaranteed loan; (2) The period of any guaranteed loan may not exceed 15 years from the date of execution of the note or other written evidence of the loan ; and (3) The note or other written evidence of any loan may contain such provisions relating to repayment in the event of default by the borrower as may be authorized by the board in effect at the time such note or written evidence was executed. (9) Subject to the provisions of subsection (8) of this section, and section 32-3318, to prescribe by regulation all terms, periods of time involved, and conditions respecting maturity and repayment of loans guaranteed by the corporation : Provided, however, so long as the same shall not be in conflict with applicable Federal law, that the total of the payments to be made by a borrower during any year of any repayment period with respect to the aggregate amount of all loans made to the borrower and guaranteed by the corporation or otherwise made to the borrower under provisions of .the Higher Education Act of 1965 (P.L. 89-329, 89th Congress), as now or may hereafter be amended, respectively, shall not be less than $360 or the balance of all such loans (together with interest thereon), whichever amount is less. (10) Notwithstanding any provision of this Chapter to the contrary: (a) None of the provisions thereof shall be construed to prevent the acceptance of Federal funds and express authorization is hereby given to the corporation to accept, use and disburse Federal funds made available to the corporation by the Federal Government under any law, rule, regulation or formula for the granting of Federal funds. (b) The corporation is authorized to comply with the requirements prescribed by Congress as conditions to receiving said funds. (c) To the end of impowering the corporation to comply with Federal rules, regulations or formulas and to effectuate the purposes provided in this Chapter, the corporation is authorized to promulgate all necessary rules and regulations, and to do all things necessary and proper to the securing of the maximum amount of Federal funds. (d) The corporation is authorized, by agreement with lending institutions participating in the student loan program provided for herein or participating in any student financial aid program provided for by Federal law, to represent or act as agent for such lending institutions for the purpose of satisfying requirements of any Federal law, rule, regulation, or formula pertaining to the granting, acceptance, payment, use, disbursement, accounting or other administration of Federal funds provided by law for such purposes. (e) In the event that the Congress of the United States appropriates funds providing for loans or grants to State Governments or to any agency, department, bureau, commission or other division of State Government, or to corporations as created by this Chapter, for educational purposes, the corporation is authorized to cooperate with the Federal Government in such program, to accept funds from the Federal Government in the maximum amounts made available, to disburse same and to comply with all requirements of the Federal Government necessary to the securing of such funds. (f) Any funds which are appropriated to or otherwise made available to the corporation shall be available to supply the State's portion of expenditures, if such be required, for the purposes provided in this Chapter. (g) In the event any of the provisions of this Chapter are construed so as to prevent the acceptance, use and disbursement of any Federal funds by the corporation, said provision shall be deemed suspended and of no force and effect for such period of time as is necessary in order for the corporation to receive, accept and disburse such Federal funds. (11) Notwithstanding any provision to the contrary contained herein, the corporation, pursuant to regulations of the board, is hereby specifically authorized to comply with all terms, conditions and provisions contained in Part B of Title IV of the Higher Education Act of 1965 (Public Law 89-329, 89th Congress), dated November 8, 1965, and as contained in the National Vocational Student Loan Insurance Act of 1965 (Public Law 89-287, 89th Congress), dated October 22, 1965, both as amended, and as may be amended from time to time, and to enter 32-3306 EDUCATION. 616 in such agreements and adopt such rules and regulations as the board may deem necessary or advisable in order to effectively administer such laws for the benefit of residents of this State. (12) The board, pursuant to regulations, shall have authority to charge the lender for insurance on each loan a premium in an amount not to exceed one-half of one per cent, per year on the unpaid principal amount of such loan or loans outstanding (excluding interest or other charges added to principal), which sum shall be payable to the corporation at such time and in such manner as may be prescribed by the board. Such insurance premium may be passed on to the borrower by lender. Such regulations may provide that such premium shall not be payable, or if paid shall be refundable, with respect to any period after default in the payment of principal or interest by borrower, or after death of the borrower: Provided, however, that notice of such default or death shall have been first duly given to the corporation and request for payment of the loss insured against has been made to the corporation. (13) To perform such other acts as may be necessary or appropriate to carry out effectively the objectives and purposes of the corporatioa as provided in this Chapter. (14) The corporation is authorized to enter into contracts with lending institutions eligible to participate in the student loan program, institutions authorized to invest in guaranteed student loan obligations, educational institutions, any public or private persons, firms, organizations, associations or corporations, and any agency, department or instrumentality of State or Federal Government, for the purpose of rendering any type of assistance or any service that may be deemed necessary or desirable to promote the student loan program throughout the State and more effectively extend the benefits of the program to all residents of Georgia. (Acts 1965, pp. 217. 221 ; 1966. pp. 726, 730, 732: 1967, pp. 644. 645; 1968, pp. 386, 387, 388; 1969, pp. 237, 238; 1969, p. 827; 1970, pp. 478-480.) 32-3306. Who may make loans.--The loans provided herein may be made by commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, retirement and pension systems, accredited nonprofit institutions of higher education, and the Georgia Higher Education Assistance Authority. (Acts 1965, pp. 217, 222; 1969, pp. 237, 239.) 32-3307. Interest on loans.--(a) No loan guaranteed by the corporation shall obligate the borrower to pay interest on said loan at a rate in excess of seven per cent, per annum on the unpaid principal balance of the loan. All of the interest payable on loans guaranteed by the corporation as provided in this subsection which shall accrue prior to the beginning of the repayment period of the loan shall be paid on behalf of and for the account of the borrower by the corporation, unless otherwise paid bv the borrower or with Federal funds made available for this purpose by Federal law or regulations, but not to exceed seven years from the date such loan was originally made or during such other period of time as may be required or prescribed by Federal law or regulations in the event such Federal law or regulations are applicable to said loan. The borrower shall be liable to the corporation for all such interest so paid by the corporation from State funds made available to the corporation for this purpose, and the corporation shall be subrogated to the rights of the lender for the interest and any principal paid by it for the account of borrower. (b) In addition to the interest provided in subsection (a) of this section which is an obligation of the borrower, the corporation shall be authorized to pay to the lender making a loan guaranteed by the corporation an additional amount of interest not to exceed two per cent, per annum on the unpaid principal balance on any such loan. All of the interest provided in this subsection shall be paid by the corporation during the period as agreed between the corporation and the lender not to exceed the period of time in which the borrower is obligated to pay such loan or during such other period of time as determined by the corporation and the lender which would not conflict with Federal law or regulations. The borrower shall not be liable to the corporation for any interest so paid by the corporation pursuant to this subsection. (c) Interest payments, as provided for in subsections (a) and (b) above, shall be paid to lenders by the corporation in such manner and at such time or times as the board may provide by regulation. The board may by regulation require lenders to submit to the corporation, in such manner and at such times as may be required, statements containing such information as may be required in order to enable the corporation to accurately determine the amount of interest due and payable to lenders on loans insured by the corporation. The corporation shall be authorized to conduct a full or partial pre-audit or post-audit of lender records whenever necessary or desirable in order to verify completeness and correctness of information furnished the corporation by lenders. The corporation shall have authority, subject to agreement with lender, to use any accrual method, to include average daily balance, average quarterly balance or actual loan balance methods, or any other method in accordance with generally accepted accounting principles, for the purpose of computing interest due and payable to lenders on loans insured by the corporation. (d) The corporation is authorized to provide for payment of a fee to lenders in lieu of making periodic payments of additional interest on the unpaid principal balances of loans over the life of such loans as provided in subsection (b). In fixing the amount of such fee, the board may consider all relevant information and statistics available to the corporation. The fixing of such fee by the board shall be final and conclusive as to the amount and method used, but the amount of such fee and the method used in fixing the same may be changed from time to time by the board as regards loans guaranteed or made subsequent to such change. The board may provide for payment of a fee at any one or more times over the life of loans guaranteed by the corporation, and in such manner as the board may prescribe. The board may, by agreement with lenders, provide for payment of a fee or fees in full and complete satisfaction of outstanding obligations heretofore incurred or to be incurred by the corporation under subsection (b) above prior to implementation of the foregoing provisions of this subsection. (Acts 1965, pp. 217, 222; 1967, p. 461; 1968, pp. 386, 389, 390; 1969, pp. 237, 239, 240.) 32-3308. Disbursement of loans.--Loans approved by the corporation shall be disbursed to student borrowers in accordance with applicable provisions of State and Federal law and regulations of the board, and shall be evidenced by properly executed notes on note forms prepared and furnished to lenders for this purpose by the corporation. Consolidation of two or more loan obligations guaranteed by the corporation and made by a lender to an individual student borrower into a consolidated note form provided for this purpose by the corporation shall not affect the guarantee of the corporation on the individual loan obligations consolidated, and shall carry over to the consolidated note: Provided, however, that each individual loan obligation consolidated into a consolidated note shall continue to earn the same interest rate and interest benefits payable thereon as was provided by law at the time each such individual loan was initially guaranteed or disbursed, as may be applicable. (Acts 1965, pp. 217, 223; 1966, pp. 726, 732; 1968, pp. 386, 390; 1969, pp. 237, 240: 1970, pp. 478, 481.) 32-3308.1. Guarantee of loans irrespective of source of funds.--Loans made to eligible students by eligible lenders in accordance with provisions of this Chapter shall be eligible for guarantee by the corporation whether made from funds fully owned by the lender or from funds held by the lender in a trust or similar capacity and available for such loans. (Acts 1970, pp. 478, 481.) 32-3308.2. Sale of loans.--Lenders shall be authorized to sell loans guaranteed by the corporation, or a participating interest in loans guaranteed by the corporation, to another eligible lender, in accordance with regulations prescribed by the board, and in such event the guarantee liability of the corporation on such loan or loans or interests therein shall not be affected. (Acts 1970, pp. 478, 482.) 617 EDUCATION. 32-3401 32-3308.3. Pledge or assignment of loans as security.--Lenders shall be authorized to pledge or assign loans guaranteed by the corporation, or an interest owned in loans guaranteed by the corporation, as security, as may now or hereafter be authorized by applicable State or Federal law or regulations prescribed by the board, and in such event the guarantee liability of the corporation on such loan or loans or interests therein shall not be affected. (Acts 1970, pp. 478, 482.) 32-3309. Scholastic eligibility.--Acceptance of the applicant by a college shall establish scholastic eligibility for a loan. (Acts 1965, pp. 217, 223.) 32-3310. Loans to minors.--Any person otherwise qualifying for a loan guaranteed by the corporation shall not be disqualified by reason of being under the age of 21 years, and for the purpose of applying for, receiving and repaying such a loan any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age with respect thereto. (Acts 1965, pp. 217, 223.) 32-3311. Contributions to corporation as tax deductible.--All contributions made to the corporation shall be deductible for State income tax purposes. (Acts 1965, pp. 217, 223.) 32-3312. Tax exemption.--The property, income, obligations and activities of the corporation shall be exempt from all State taxation of any type and from all municipal, county or other political subdivision taxation of any type. (Acts 1965, pp. 217, 223.) 32-3313. Examination by State Auditor; annual reports.--The corporation shall be subject to examination by the State Auditor. The corporation shall make an annual report of its condition to the Governor and to the members of the General Assembly on or before December 1 of each year. (Acts 1965, pp. 217,223.) 32-3314. Continuance of corporate existence; dissolution.--The corporation and its corporate existence shall continue until termination by law upon a finding by the General Assembly that there no longer exists any need for such corporation: Provided, however, that no such law shall take effect so long as the corporation shall have obligations outstanding. Upon the dissolution of the corporation, all the property and moneys of such corporation shall become the property and moneys of the State. (Acts 1965, pp. 217, 224.) 32-3315. Student loan insurance fund.--There is hereby established a student loan insurance fund for the purpose of making payments in connection with default of loans insured by the corporation. All sums received by the corporation as premium charges for insurance, or as appropriations for such purposes, or as gifts, grants, bequests, devises or loans to the corporation for such purposes, or as receipts, earnings, or proceeds derived from any claim or other asset acquired by the corporation in connection with administration of such fund, and any other moneys, property or assets resulting from administration of such fund or received for or in payment or satisfaction of student loans in default, including repayment or reimbursement of principal and interest thereon or other satisfaction of default claims theretofore paid from said fund, and income resulting from investment or utilization of said fund or the assets thereof, shall be deposited in or otherwise become a part of said student loan insurance fund. All payments made by the corporation in connection with default of loans insured by the corporation shall be paid from said fund: Provided, however, that the board may from time to time, as it may deem necessary or desirable, use income resulting from premium charges for insurance and from investments or utilization of said fund or the assets thereof for payment of interest on student loans and administrative and operating expenses provided the same shall not substantially impair the student loan insurance fund. The student loan insurance fund shall be maintained at an adequate ratio to principal outstanding on all loans guaranteed by the corporation as prescribed by the board: Provided, however, that in determining the amount of the corporation's student loan insurance fund and the loan guarantee capacity of the corporation based on such ratio, the corporation shall be authorized to consider and include as a part of the corporation's student loan insurance fund the amount of Federal loan reinsurance credit available to the corporation pursuant to applicable provisions of the Higher Education Act of 1965 (P.L. 89-329, 89th Congress), as now or may hereafter be amended, and provisions of any reinsurance guaranty agreements entered into between the corporation and the United States Commissioner of Education in accordance with provisions of said Act. (Acts 1968, pp. 386. 391; 1969, pp. 237, 240; 1970, pp. 478, 482.) 32-3316. Student loan interest fund.--There is hereby established a student loan interest fund for the purpose of making interest payments on loans insured by the corporation. All sums received by the corporation as appropriations for the payment of interest on student loans, or as gifts, grants, bequests, devises or loans to the corporation for such purposes, or as receipts, earnings or proceeds derived from any claim or other asset acquired by the corporation in connection with administration of. such fund, and any other moneys, property or assets resulting from administration of such fund or received for or in payment or satisfaction of interest on student loans, including repayment or reimbursement of interest theretofore paid by the corporation for and on behalf of any student, and income resulting from investment or utilization of said fund, shall be deposited in or otherwise become a part of said student loan interest fund. All payments of interest by the corporation on student loans insured by the corporation shall be paid from said fund. (Acts 1968, pp. 386, 391.) 32-3317. Board may authorize lenders to defer repayment of loans and to grant forbearance in repayment of loans.--The board may by regulation authorize lenders to defer the repayment of guaranteed loans, and to grant forbearance in the repayment of guaranteed loans for the benefit of the student borrower, for such reasons and periods of time and in accordance with such terms and conditions as the board may prescribe by regulation. Any period of deferment granted to a student borrower shall be excluded in determining the period specified in section 32-3305 (8), subparagraph (2), and shall be excluded in determining period(s) prescribed by the board pursuant to section 32-3305 (9) as provided for in such regulations. (Acts 1969, pp. 237, 241; 1970. pp. 478, 483.) CHAPTER 32-34. GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE. 32-3401. Creation; membership; terms of office; compensation.--There is hereby created a committee which shall be known as the Georgia Higher Education Assistance Committee. Said committee shall be composed of 16 members, and the members thereof shall be the same persons who serve as members of the board of directors of the Georgia Higher Education Assistance Corporation. Said committee members shall serve for a term which shall be the same as and which shall run concurrently with their term of appointment to the board of directors of the Georgia Higher Education Assistance Corporation, as provided in Chapter 32-33, and said term shall expire upon expiration of their term on the board of directors of said corporation. Qualifications of committee members shall be the same as qualifications provided by law for members of the board of directors of said corporation. Committee members shall receive as compensation for their services a per diem of $20 and expenses for travel and lodging. Members of the committee who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Chapter as hereinafter provided. (Acts 1968, p. 1082.) 32-3402 EDUCATION. 618 32-3402. Date of creation; initial membership.--The Georgia Higher Education Assistance Committee, as provided for herein, shall stand created by law automatically upon the effective date of this Chapter. The initial members of the committee shall be those persons who are serving as members of the board of directors of the Georgia Higher Education Assistance Corporation upon the effective date of this Chapter. Said members shall continue to serve as members of the committee during continuation of their membership on the board of directors of the corporation. Thereafter, their successors in office shall be those persons serving as members of the board of directors of the corporation as provided for in section 32-3401. Upon the effective date of this Chapter, said committee, as herein provided for, shall become successor to and be regarded as a continuation of the Georgia Higher Education Assistance Committee appointed by executive order of the Governor dated May 24, 1965, the actions of which are hereby ratified. (Acts 1968, p. 1082.) 32-3403. Agency of State; powers.--The Georgia Higher Education Assistance Committee is created within the executive branch of State Government, and shall be an agency of the State of Georgia and a budget unit thereof. The committee shall be authorized collectively to receive and disburse funds which may be made available to the committee by the General Assembly of Georgia or otherwise for purposes described in the Act creating the Georgia Higher Education Assistance Corporation [Chapter 32-33], and shall be authorized to contract with the Georgia Higher Education Assistance Corporation for the purpose of enabling or otherwise assisting the corporation in carrying out its corporate purposes as provided in said law. The committee shall also be authorized collectively to receive and disburse funds which may be made available to the committee by the General Assembly of Georgia or otherwise for purposes described in Chapter 32-37 creating the Georgia Higher Education Assistance Authority, and shall be authorized to contract with the Georgia Higher Education Assistance Authority for the purpose of enabling or otherwise assisting the Authority in carrying out its purposes as provided in said law. (Acts 1968, pp. 1082, 1083; 1969, p. 707.) 32-3404. Officers; bond of treasurer.--The committee shall elect from its own members a chairman and vice chairman who shall serve for the term of one year and who shall be eligible for reelection for successive terms. The committee shall elect one of its own members or some other responsible person to act as treasurer. The treasurer shall receive and disburse funds made available to the committee by the General Assembly of Georgia or otherwise as directed by the committee. The treasurer shall give a fidelity bond in such sum as the committee may deem advisable, said bond to be conditioned upon the true and faithful performance of his duties and proper accounting of all funds received and disbursed by the treasurer. The committee shall be authorized to pay the premium cost of such bond. (Acts 1968, pp. 1082, 1083.) 32-3405. Meetings; conduct of business.--The committee shall adopt operating procedures which shall provide for the holding of regular and special meetings as may be required, and for the conduct of all business to come before the committee. (Acts 1968, pp. 1082, 1084.) fications or alterations in their educational programs. This definition includes children who are mentally retarded, physically handicapped, speech handicapped, multiple handicapped, autistic, intellectually gifted, hearing impaired, visually impaired, and any other areas of exceptionality which may be identified. (b) Special education facilities. "Special education facilities" shall include, but not be limited to, special classes, special housing, special instruction, special rental facilities, braillist and typist for visually handicapped children, transportation, maintenance, instructional materials, therapy, professional consultant services, psychological services, itinerant services, resource services, additional evaluation services and centers, special administrative services, salaries of all required special personnel, and other special education services required by the child because of his exceptionality, if such services are approved by the State Board of Education and the child is eligible therefor under this Chapter and the regulations of the State Board of Education. (c) Professional workers. "Professional workers" means approved personnel, and shall include, but not be limited to, speech and/or hearing specialists, mobility instructors, special education interns, special education administrators or supervisors giving full time to special education, and teachers of any class or program defined in this Chapter who meet the requirements of this Chapter. (Acts 1968, p. 120.) 32-3502. Application of Chapter.--Notwithstanding any other provision of law to the contrary, the provisions of this Chapter shall apply to the boards of education of all county, independent and area school systems in the State of Georgia. (Acts 1968, pp. 120,121.) 32-3503. Education for exceptional children.--School boards of any school systems that maintain a recognized public school shall, subject to any limitations hereinafter specified, establish and maintain such special education facilities and employ such professional workers as may be needed for one or more of the types of exceptional children defined by the State Board of Education who are residents of their school district and such children, residents of other school districts, as authorized by this Chapter. (Acts 1968, pp. 120, 121) 32-3504. Powers and duties of State Board of Education.--The State Board of Education shall provide for: (a) implementation of State-wide programs in the public schools of this State for the education of exceptional children as defined by this Chapter; and (b) implementation of other educational programs not ordinarily coming within the prescribed curricula of public schools. The State Board of Education is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the board may, in its discretion, find necessary or desirable to implement on a State-wide basis. Local school systems shall, 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. An advisory council for exceptional children shall be appointed by the State Superintendent of Schools and approved by the State Board of Education. (Acts 1968, pp. 120, 122.) CHAPTER 32-35. EDUCATION OF EXCEPTIONAL CHILDREN. 32-3501. Meaning of terms.--Unless the context indicates otherwise, the terms used in this Chapter shall have the meanings ascribed to them in this section. (a) Exceptional children. "Exceptional children" are those who have emotional, physical, communicative, and/or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modi- 32-3505. Committee for exceptional children.--There shall be established in each school system a "committee for exceptional children." When established, this committee shall be composed of the local superintendent of the school system, the local coordinator of the program for exceptional children who shall be chairman, and a minimum of five additional people who shall be representative of professions related to special education and who shall be elected by the board of education of the local school system. In cases where two or more school systems wish to combine their services for exceptional children on a cooperative basis, one committee for exceptional children may be formed to serve both school systems. (Acts 1968, pp. 120, 122.) 619 EDUCATION. 32-3606 32-3506. Comprehensive planning.--Each school system or combination of school systems shall secure a competent survey of the educational needs of exceptional children in each jurisdiction and shall make an educational plan for these children. This plan shall be presented to the State Department of Education within one year after the passage of this Chapter. A biennial report shall be made to the State Department of Education to indicate the extent to which the plan has been implemented and to report additional planning. (Acts 1968, pp. 120, 122.) 32-3507. Scholarships and recruitment.--The State Superintendent of Schools, with the advice of the advisory council for exceptional children, shall make scholarship grants to persons of good character who are interested in working in programs for the education of exceptional children, for either part-time or full-time study in programs designed to qualify them as professional workers under subsection (c) of section 32-3501. Persons who qualify for a scholarship must have earned at least 90 quarter hours of college credit and must be students of a recognized college or university. Part-time students and summer session students may be awarded grants on a pro-rata basis. All grants shall be made in accordance with rules and regulations prescribed by the State Superintendent of Schools and the State Board of Education. Moneys not used in reimbursement of scholarship expenses and administration shall be used to recruit professional workers for programs of education of exceptional children through further training at graduate and undergraduate levels. (Acts 1968, pp. 120, 123.) 32-3508. Nonlocal education for exceptional children.--If an exceptional child cannot be educated in his local school system on criteria established by the State Board of Education, his parents may seek educational programs appropriate to the child's needs. Upon application to the Program for Exceptional Children, State Department of Education, and upon approval of said agency, the school or agency educating the exceptional child shall be reimbursed for tuition, fees, transportation, and books, not to exceed the cost of educating that type of exceptional child of an identical age in Georgia public schools. This section excludes those multiple handicapped children for whom special appropriation is provided because of the severity of their disabilities. (Acts 1968, pp. 120, 123.) 32-3509. Transportation of exceptional children and itinerant teachers.--When it is deemed necessary, in the best judgment of the local committee for exceptional children, said committee shall include in its planning and shall recommend to the local school board the free transportation of said pupils. The school boards of local districts shall be reimbursed for the cost of said transportation when State funds are appropriated for this purpose. The local school board may permit children in their school district or in any particular grade to attend the schools of other districts when deemed necessary for adequate educational services, and may provide free transportation for such pupils. Where travel is required for itinerant teachers, reimbursement for such travel shall be provided. (Acts 1968, pp. 120, 124.) 32-3510. Implementation.--It is further provided that the provisions of this Chapter shall be fully implemented on or before eight years after the date it becomes law. (Acts 1968, pp. 120, 124.) CHAPTER 32-36. INDUSTRY SERVICES ADVISORY COMMITTEE. 32-3601. Quick start training program established.--There is hereby established within the State Department of Education a supplemental program to provide special quick start training to meet the employment needs of new and expanding industry. The program shall be administered by the State Board of Education. (Acts 1968, p. 1138.) 32-3602. Industry Services Advisory Committee; creation; membership; secretary; consultants; duties.--There is hereby created the Industry Services Advisory Committee, to assist the State Board of Education in carrying out the provisions of this Chapter. The committee shall consist of seven members who shall be appointed by the State Board of Education upon the recommendation of the State Superintendent of Schools. Persons appointed to the committee shall be representative of public and private agencies engaged in or concerned with industrial and economic development of the State. In making initial appointments, the State Board of Education shall appoint four members for a term of one year each and three members for a term of two years each, and thereafter shall appoint any member for a term of two years except that in case of a vacancy the appointment shall be for the unexpired term. The director of the Division of Vocational Education in the State Department of Education shall serve as secretary of the committee and members of the staff of the Division of Vocational Education designated by the director shall serve as consultants to the committee. The Industry Services Advisory Committee shall have such duties as may be prescribed by the State Board of Education. (Acts 1968, p. 1138.) 32-3603. Purpose.--The programs of vocational training under this Chapter shall be supplementary to those offered by area vocationaltechnical schools, State technical and vocational schools and public high school programs, and shall be operated on a State-wide basis to assist any area to become more competitive in industrial and economic development: Provided, however, no program may be made available to any area except as prescribed by the State Board of Education. The program prescribed in this Chapter shall be concerned only with training for skilled and semi-skilled operations, requiring learning time of one year or less, and shall terminate when training needs have been met: Provided, however, that basic academic education may be included as a part of the training program when such is necessary to insure success of trainees in the occupational training program. (Acts 1968, pp. 1138, 1139.) 32-3604. Administration of program by State Board of Education.-- The State Board of Education shall administer the program and shall provide for technical and engineering services, publicizing the program, instructional services, in-plant training analysis, rental of instructional facilities to include necessary utilities, central warehousing and transportation of equipment and supplies, other necessary services, over-all program direction and shall provide an adequate staff to carry out an effective training program. (Acts 1968, pp. 1138, 1139.) 32-3605. Agreements with local boards of education for carrying out program; expenses.--Training programs under the provisions of this Chapter may be carried out on the basis of agreements between local boards of education having area vocational-technical schools and the State Board of Education. Under such agreements, the local boards of education may make available their vocational-technical school facilities or temporary rented facilities, and shall pay instructional salaries in accordance with the salary schedule established by the State Board of Education in agreement with the local board of education without consideration of the salary schedule adopted for regular instructional personnel : Provided, teachers and others employed in such training programs shall be classified as temporary employees and shall not be eligible for participation in the Teachers Retirement System. All expenses incurred by a local board of education under such agreement in providing the services prescribed by this Chapter shall be reimbursed by the State from funds provided for this purpose. (Acts 1968, pp. 1138,1139.) 32-3606. Employee qualifications.--The State Board of Education may prescribe qualifications for persons employed in this program without 32-3607 EDUCATION. 620 consideration of qualifications prescribed for personnel employed in regular instructional programs. (Acts 1968, pp. 1138,1140.) 32-3607. Equipment.--The State Board of Education shall be authorized to procure equipment as may be necessary to carry out an adequate training program under the provisions of this Chapter. Such equipment shall be maintained in a warehouse reserve and shall become available to any area of the State where a training program creates a need, but shall be returned to the warehouse reserve when no longer needed in a training program. In furtherance of this provision, equipment having long delivery dates may be purchased in advance of an actual need upon the recommendation of the Industry Services Advisory Committee that a need for such equipment could reasonably be expected in the program. The State Board of Education is authorized to provide for the transportation of instructional equipment and to employ equipment riggers, warehousemen and other personnel needed to carry out this provision. Title to all equipment purchases under provisions of this Chapter shall be vested in the State Board of Education. (Acts 1968, pp. 1138,1140.) 32-3608. Promulgation of standards, rules and regulations.--The State Board of Education shall have the power to promulgate any and all standards, rules and regulations as may be necessary to carry out the objectives and purposes of this Chapter. (Acts 1968, pp. 1138, 1140.) 32-3609. Acceptance of grants.--To assist in carrying out the provisions of this Chapter, the State Board of Education is hereby authorized to accept grants of money, materials, services, or property of any kind from a Federal agency, private agency, corporation or individual. (Acts 1968, pp. 1138,1141.) CHAPTER 32-37. GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY. 32-3701. Short title.--This Chapter may be cited as the "Georgia Higher Education Assistance Authority Act." (Acts 1969, pp. 683, 684.) 32-3702. Definitions.--As used in this Chapter, the following words and terms shall have the meaning hereinafter indicated unless the context shall clearly indicate another or different meaning or intent: (a) "Authority" shall mean the "Georgia Higher Education Assistance Authority" created by this Chapter or any Authority or body in which the duties and liabilities of the Authority created hereby may hereafter become vested. (b) "Bonds" shall mean any bonds issued by the Authority under the provisions of this Chapter, including refunding bonds. (c) "Loan," "student loan" or "educational loan" shall mean a loan of money made to an eligible student for the purpose of enabling or assisting such student in obtaining a higher education of other postsecondary business, trade, technical or vocational education or training at an eligible educational institution. (d) "Eligible student" shall mean a resident of this State who is enrolled or accepted for enrollment as a full-time or half-time student at an eligible educational institution and who otherwise qualifies for financial aid assistance from the Authority in accordance with such rules and regulations as the Authority may promulgate pursuant to section 32-3713. (e) "Eligible educational institution" shall mean any institution of higher education or post-secondary educational institution providing business, trade, technical or other vocational education or training which is otherwise recognized and approved by the Authority for the purposes of this Chapter pursuant to such rules and regulations as the Authority may promulgate pursuant to section 32-3714. (Acts 1969, pp. 683,684.) 32-3703. Georgia Higher Education Assistance Authority created.-- There is hereby created a body corporate and politic to be known as the Georgia Higher Education Assistance Authority which shall be deemed to be an instrumentality of the State 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. (Acts 1969, pp. 683, 685.) 32-3704. Same; membership; officers; terms; qualifications; compensation; quorum; books and records; duties; director's bond.--(a) The Authority shall be composed of 16 members, and the members thereof shall be the same persons who are serving and who shall serve as members of the Georgia Higher Education Assistance Committee. Said Authority members shall serve for a term which shall be the same as and which shall run concurrently with their term of appointment as a member of the Georgia Higher Education Assistance Committee created and established by Chapter 32-34 (herein referred to as the "committee"), and said term shall expire upon expiration of their term as a member of said committee. Qualifications of Authority members shall be the same as qualifications provided by law for members of the Georgia Higher Education Assistance Committee. Each Authority member shall be paid the sum of $20 per day for each day or portion thereof during which he is engaged in performance of his duties as a member of the Authority, and shall be reimbursed for expenses incurred in attendance upon meetings of the Authority or while otherwise engaged in the discharge of their duties. Members of the Authority who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Chapter. (b) The Authority shall make necessary rules and regulations for its own government, and shall have perpetual existence. The Authority shall be authorized to select and employ an executive director, to serve at the pleasure of the Authority, and who may also serve as secretary and treasurer of the Authority. (c) Members of the Authority shall be accountable in all respects as trustees. The Authority shall keep adequate books and records of all transactions of the Authority, including records of all receipts, income, expenditures and disbursements of every kind. (d) The Authority shall be authorized and impowered to carry out the objectives and details of this Chapter, and the program provided for herein, and to employ such professionally qualified personnel, experts, agents, consultants, and employees, on a full-time or part-time basis, as may be necessary in order to carry on properly the business of the Authority and effectuate the purposes hereof: Provided, however, that all legal services for the Authority shall be rendered by the Attorney General or an attorney designated by him. Full-time personnel employed by the Authority shall be subject to and covered by the Act creating and establishing a merit system of personnel administration [Chapter 40-22]. (Acts 1969, pp. 683, 685.) 32-3705. Overall purpose and objective of the Authority.--The overall purpose and objective of this Chapter and of the Authority created hereby is to promote the intellectual, cultural, industrial and economic development of this State and of its citizens by providing, either directly or indirectly, financial aid assistance or services to residents of this State in order to enable or otherwise assist them in obtaining higher education or other post-secondary business, trade, technical or vocational education or training beyond the 12th grade. In order to accomplish such purpose and objective, the Authority is hereby authorized, either directly or indirectly, and either independently, in conjunction with, or in cooperation with other persons, bodies and agencies, both public and private, to promote, facilitate, develop and/or administer programs providing for or assistant in the making of educational loans, grants and scholarships to residents of Georgia in order to enable or otherwise assist them in meeting expenses associated with their obtaining such post-secondary education or training, and is hereby authorized and impowered, in addition to any other powers herein specifically provided. 621 EDUCATION. 32-3715 to render or perform any type of assistance or service associated with the foregoing as the Authority may deem necessary or desirable in order to promote or accomplish the overall purposes and objectives of this Chapter. The Authority is further authorized, in addition to any other powers herein specifically provided, to enter into any agreements with any persons, bodies or agencies, both public and private, as it may deem necessary or desirable in order to foster or otherwise accomplish the overall purposes and objectives of this Chapter and of the Authority as stated herein, including, without limiting the generality of the foregoing, such agreements as may be necessary or desirable in order to qualify for or to otherwise in any manner extend or assist in making available to the residents of this State and persons attending educational institutions in this State such loans, grants, scholarships or other type or form of student financial aid benefits or assistance as may now or hereafter be made available under the terms of any program of the United States Government, or any agency, department, bureau or other instrumentality thereof. (Acts 1969, pp. 683, 686.) 32-3706. Financial aid or services provided from funds other than revenue bond proceeds.--The Authority is hereby authorized to provide educational financial aid assistance or services to or for the benefit of residents of Georgia and persons attending educational institutions in Georgia from any funds or assets made available to the Authority, other than from funds made available pursuant to the bond provisions contained in this Chapter, in-such form and manner and upon such terms and conditions as the Authority may prescribe: Provided, however, that the same shall not be in conflict with provisions of this Chapter or provisions contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Chapter. For the purposes of this section, the Authority may from time to time establish additional funds, in trust or otherwise, in addition to such funds as may be established in connection with bond provisions contained in this Chapter, in order to carry but the provisions of this section. (Acts 1969, pp. 683, 687.) 32-3707. Educational loans provided from revenue bond proceeds.-- The Authority is hereby authorized to provide for a program of guaranteed student loans and to use funds made available to the Authority pursuant to the bond provisions contained in this Chapter for the purpose of making educational loans, which for the purposes of this Chapter may be construed to include participating with lending institutions participating in the guaranteed student loan program administered by the Georgia Higher Education Assistance Corporation created and established by Chapter 32-33 (herein referred to as the "corporation"), in making such loans and the purchasing of educational loans or interests in such loans theretofore made by such lending institutions, to eligible students enrolled or accepted for enrollment at eligible educational institutions upon such terms and conditions as the Authority may from time to time prescribe within the limits contained in this Chapter and such limitations as may be contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Chapter. (Acts 1969, pp. 683, 688.) 32-3708. Terms and conditions of educational loans.--The Authority shall adopt rules and regulations which shall prescribe terms and conditions upon which educational loans may be made to eligible students: Provided, however, that such terms and conditions shall not be in conflict with the provisions of this Chapter or such provisions or limitations as may be contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Chapter. (Acts 1969, pp. 683, 688.) 32-3709. Educational loan to be guaranteed by the Georgia Higher Education Assistance Corporation.--The Authority shall not be authorized to make any educational loans to students from funds made available to the Authority pursuant to the bond provisions contained in this Chapter unless such loans shall be first approved and guaranteed by the Georgia Higher Education Assistance Corporation. In order to assure that such loans made by the Authority shall be eligible for the guaranty of said corporation, the Authority is hereby specifically authorized, notwithstanding any provision of this Chapter to the contrary or in conflict therewith, to comply with all provisions of State and Federal law, and all rules, regulations, contracts and agreements lawfully promulgated or entered into pursuant to such laws, respecting guarantee of educational loans by said corporation or governing the operation of said corporation. The Authority is authorized to pass on to the student borrower the amount or cost of any fee, premium or other form of charge made by the corporation for or in connection with the guarantee of educational loans by the corporation, or as may be made for any services provided in connection with educational loans made or owned, in whole or in part, by the Authority. (Acts 1969, pp. 683, 688.) 32-3710. Amount of loan.--The maximum amount of any loan that may be made by the Authority to an eligible student from funds made available to the Authority' pursuant to the bond provisions hereof shall not exceed such amount as may be approved and guaranteed by the Georgia Higher Education Assistance Corporation. (Acts 1969, pp. 683, 689.) 32-3711. Disbursement of loan funds.--Educational loan funds may be disbursed to a student directly or through a paying agent, or through or to the educational institution to or for and on behalf of a student, either annually, semiannually, quarterly, monthly, or by the semester, as may be prescribed by rules and regulations adopted by the Authority: Provided, however, that no loan funds shall be disbursed to or for and on behalf of a student until the student has executed a note payable to the Authority in such form as may be required covering the full amount of loan funds disbursed, plus interest and any fee, premium or other charge that may lawfully be passed on to the student. (Acts 1969, pp. 683, 689.) 32-3712. Minority not a disqualification.--Any person otherwise eligible for an educational loan or other form of financial aid assistance from the Authority shall not be disqualified by reason of being under the age of 21 years. For the purposes hereof, such persons shall be deemed to have full legal capacity to contract, and shall have all the rights, powers, privileges and obligations of a person of full age with respect to such contracts as may be entered into pursuant to provisions of this Chapter, and the defense that such person is or was a minor at the time he or she executed any note or other agreement in connection herewith shall not be available to such person in any action arising thereon. (Acts 1969, pp. 683, 689.) 32-3713. Definition of "eligible student" may be broadened or restricted by the Authority.--Except as to residency, the Authority is hereby authorized, from time to time and in its discretion, or upon consideration of funds available to the Authority or of other matters relevant to the administration of this Chapter, to either broaden or restrict the definition of "eligible student" contained in section 32-3702 in such manner as the Authority may deem necessary, advisable or desirable. (Acts 1969, pp. 683, 690.) 32-3714. Definition of "eligible educational institution" may be broadened or restricted by the Authority.--The Authority is hereby authorized, from time to time and in its discretion, or upon consideration of funds available to the Authority or of other matters relevant to the administration of this Chapter, to either broaden or restrict the definition of "eligible educational institution" contained in section 32-3702 in such manner as the Authority may deem necessary, advisable or desirable. (Acts 1969, pp. 683, 690.) 32-3715. Additional powers of the Authority.--The Authority shall, in addition to any other powers conferred in this Chapter, have power to do the following: Provided, however, that the same shall not be in conflict with the provisions of this Chapter and that the Authority shall not exercise such powers in any manner in conflict with provisions contained in any bond resolution adopted or trust indenture executed by 32-3716 EDUCATION. 622 the Authority pursuant to this Chapter, to-wit: (a) To have a seal and alter the same at its pleasure; (b) To adopt, alter, or repeal bylaws, rules and regulations govern- ing the manner in which its business may be transacted and in which powers granted to the Authority may be effectuated and enjoyed as the Authority may from time to time deem necessary, expedient or incidental to the performance of its duties; (c) To borrow money for any of its corporate purposes and to issue bonds and other evidences of indebtedness payable solely from funds pledged for that purpose, and to provide for payment of the same and for the rights of the holders thereof; (d) To pledge to the payment of its bonds any property or revenues derived therefrom; (e) To acquire, by purchase, lease, borrowing or otherwise, in whole or in part, either absolutely or in trust or loan, and to hold, administer, lease, pledge, use and dispose of, in any manner, real and personal property of every kind and character, including moneys, evidences of indebtedness on educational loans guaranteed by the corporation, or any interest therein or income therefrom, for or incidental to any of its corporate purposes; (f) To receive-and accept gifts, grants, donations, bequests and devises of any property or thing of value, of every kind and character, or any interest therein and income therefrom, and to hold, administer, lease, use and dispose of the same, in any manner, for or incidental to any of its corporate purposes; (g) To enter into and execute such contracts, agreements and instruments as the Authority may deem necessary, convenient or incidental to the performance of its duties, the execution of its powers, and the administration and management of the affairs of the Authority; (h) To comply with the terms of Part B of Title IV of the Higher Education Act of 1965 (P. L. 89-329) enacted by the United States Congress and dated November 8, 1965, as amended from time to time, and such regulations promulgated pursuant thereto, as may be necessary in order to obtain the guarantee of the Georgia Higher Education Assistance Corporation of educational loans made or participated in by the Authority; (i) To procure such policy or policies of insurance on its properties, or to assure repayment of educational loans made or participated in by the Authority, as the Authority may deem appropriate and needful for its purposes; (j) To accept, hold, use, administer, disburse or otherwise utilize any student aid funds or other form of student financial aid benefits made available by the Federal Government or any agency, department, bureau or instrumentality thereof; to adopt rules and regulations and do such things not in conflict herewith as may be necessary and proper in order to secure the maximum amount of such Federal student aid funds and benefits for and on behalf of the people of Georgia and its educational institutions; and to enter into such agreements as may be necessary in order to accomplish the foregoing; (k) To enter into such contracts and agreements with the Georgia Higher Education Assistance Corporation, lending institutions participating in the guaranteed student loan program administered by the corporation, educational institutions, private persons, firms, organizations, associations and corporations, and any department, agency, bureau or other division or instrumentality of the State or Federal Government, and to assist, cooperate with, represent, participate in, administer, or act as agent for the same in connection with any loan, grant, scholarship or other student financial aid program sponsored, promoted, administered, financed, supported or participated in by such persons, bodies, agencies, institutions or instrumentalities, as the Authority in its judgment may deem to be necessary, advisable or helpful in order to more effectively accomplish and carry out the overall purposes and objectives of the Authority and of this Chapter; (1) To use any funds available to the Authority to supply matching funds required in order to make available to students other financial aid funds or benefits available from some other source, provided such use of the funds is not otherwise restricted : (m) To exercise any power which may be granted or authorized to be granted to private corporations not in conflict with the Constitution and laws of this State nor with the other provisions of this Chapter; (n) To do and perform such other acts and things as may be neces- sary, appropriate or convenient in effectuating the objectives and purposes of the Authority and this Chapter as provided for herein. (Acts 1969, pp. 683, 690.) 32-3716. Authority to issue bonds.--The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized at one time, or from time to time, to issue bonds in a sum not to exceed $20,000,000 in aggregate principal amount outstanding at any one time, for the purpose of making educational loans to eligible students as provided for herein, and is authorized to adopt such resolutions, take such actions, enter into such agreements, and execute such instruments as may be necessary and appropriate to provide for the issuance of such revenue bonds: Provided, however, that whenever the Authority shall determine to issue its bonds it shall call upon the Georgia Building Authority to render advice and to perform as its agent ministerial services in connection with the marketing of such bonds. The maximum rate of interest payable on such bonds shallnot exceed seven per cent, per annum. (Acts 1969, pp. 683, 693.) 32-3717. Sale, terms of sale, and interest rates.--(a) The Authority may sell such bonds either at public or private sale, and in such manner and for such price as the Authority may determine will best effectuate the purposes of this Chapter. If sold at public sale, then such bonds shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery: Provided, however, that the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchasers. When sold at public sale, such bonds shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder: Provided, that as to any issue of bonds the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of bonds. The Authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held. (b) Such bonds shall be dated, shall bear interest determined as above provided, but not at a rate in excess of the maximum rate set forth above, and shall be payable as to both principal and interest in such manner as may be determined by the Authority. The principal of and interest on such bonds shall be payable solely from the funds herein provided for such payment. (c) Such bonds shall mature not more than 20 years from the date of such bonds, and may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. (Acts 1969, pp. 683, 693.) 32-3718. Form, denomination, registration, and place of payment.-- The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination, 68-406 MOTOR VEHICLES. 1286 68-411. Purchase or sale of school busses prohibited until repainted.-- It shall be unlawful for any person, firm or corporation to sell or purchase any bus which has been used for the transportation of children in the Georgia State Public School System, unless said bus has been repainted a different color from any shade of orange or yellow resembling the color of school busses now used in Georgia, and unless all markings and signs indicating that said bus is a "school bus" have been removed from said bus. (Acts 1960, pp. 966, 967.) 68-412. Same; exceptions.--The provisions of this law [ 68-411 and 68-412] shall not apply to the following: 1287 MOTOR VEHICLES. (a) Any urban transit system operating busses under the jurisdiction of the Georgia Public Service Commission. (b) Any person, firm or corporation selling or purchasing a bus to be used for the transportation of children in the Georgia State Public School System. (c) Any person, firm or corporation selling or purchasing a bus for the purpose of converting the same into scrap or for using said bus for any purpose other than operating the same upon the public streets, roads and highways of the State of Georgia or for the transportation of children in the Georgia State Public School System. (Acts 1960, pp. 966, 967.) 68-404a frj 68-1666 MOTOR VEHICLES. 1318 compartment. Any opening or separation of joints in the floor shall be repaired before the bus is used for the transportation of children. (h) Every school bus used to transport children to and from school shall comply with the State Board Bus Specifications prescribed by the State Board of Education. (Acts 1953, Nov. Sess., pp. 556, 5%; 1964, p. 338; 1970, pp. 586, 587.) 68-1667. Precautions upon overtaking and passing school bus; operation of school busses; equipment, standards, requirements and specifications for school busses.--(a) The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signalled by the driver to proceed. (b) Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "School Bus" in letters not less than eight inches in height. (c) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a limited or controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (d) It shall be unlawful to operate any flashing warning signal light on any school bus except when any said school bus is stopped or approaching a stop on a highway for the purpose of permitting school children to board or alight from said school bus. (e) It shall be unlawful for any person to operate a school bus which is transporting school children unless the head lamps of such school bus are illuminated. The provisions of this section shall not apply if no school children are aboard such school bus. (f) On and after January 1, 1971, every new school bus purchased for the transportation of school children shall be painted National school bus chrome yellow. (g) Every bus used for the transportation of school children shall be equipped as follows: (1) There shall be an emergency door located at the rear of the body so as to provide an emergency exit, and said door shall be operative from both the interior and exterior of said bus at all times. (2) The driver's seat shall be equipped with a seat belt which shall be fastened so as to secure the driver in said seat at all times when children are being transported on said bus. (3) Combination clearance and marker lights shall be installed at each of the four roof corners. The two said lights on the front of the vehicle shall be amber in color, and the two said lights on the rear of the vehicle shall be red in color. A cluster of three lights shall be mounted between the clearance and marker lights in the front and in the rear of the bus at the roof line thereof. (4) The body of said busses shall be equipped with four hooded orrecessed red flasher lights. Said lights shall be at least five and threequarter inches in diameter, sealed beam, and must flash when the bus is stopped to receive or discharge passengers. Two such lights shall be mounted in the front of the body above the windshield, and two such lights shall be mounted on the rear of the body above the rear windows. (5) There shall be installed on the left outerside of the body a stop arm to give notice to drivers of other vehicles that the bus is making a stop. The requirement for a stop arm herein prescribed may be waived by the State Board of Education in the event a more effective warning device is prescribed. (6) The exhaust system of said busses shall be constructed to carry exhaust gases from the engine to a point beyond the outside edge of the rear bumper. This system shall be maintained free of leaks. (7) All floor joints of such busses shall be gas tight and constructed so as to prevent the entry of engine exhaust gases into the passenger 1335 MOTOR VEHICLES. 68-9945 68-9933. Penalty for purchase or sale of school bus without repainting.--Any person, firm or corporation violating the provisions of section 68-411, which prohibits the purchase or sale of school busses without repainting, subject to the exceptions stated in section 68-412, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by law. (Acts 1960, pp. 966, 967.) 68-9945. Violation of section 68-1667, relating to school busses.--Any person violating the provisions of section 68-1667, relating to school busses, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. (Acts 1970, pp. 586, 587.) 1 69-605 MUNICIPAL CORPORATIONS. 69-605. Municipalities, counties, and school boards may join in conduct and maintenance.--Any two or more counties, or any two or more municipalities, or any county and municipality, or any county or municipality, or combination thereof, may jointly provide, establish, maintain, and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers, parks, and other recreational facilities and activities. Any school board may join with any municipality or any other school board in conducting and maintaining a recreation system. (Acts 1946, pp. 152, 154; 1964, pp. 319, 320.) 1344 77-319 PENAL INSTITUTIONS. 1412 77-319. Rehabilitation of prisoners; educational and recreational activities; religious activities.--(a) The State Board of Corrections, acting alone or in cooperation with the State Department of Education, the State Board of Regents, or the several State, local and Federal agencies concerned therewith, shall be authorized to institute a program of rehabilitation which may include academic, industrial, mechanical, agricultural, and vocational training within the confines of the prison. (b) The State Board of Corrections, in institutions and facilities under its control and supervision, shall give the prisoners opportunity for reasonable educational, religious and recreational activities where practical. (Acts 1956, pp. 161, 178; 1964, pp. 734, 735; 1968, pp. 1399, 1403.) 1671 PUBLIC DEFENSE. 86-1305 86-1205. Pledge of allegiance to State flag.--The following is adopted as the pledge of allegiance to the State flag: "I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, and Moderation." (Acts 1955, pp. 10, 114.) 86-1206. State flag to be displayed.--The State flag shall be displayed on appropriate occasions in the public and private schools of this State and in all patriotic meetings, and the citizens of our State are requested to take the pledge of allegiance set out in section 86-1205. (Acts 1955, pp. 10, 114.) 86-1208. Designation of custodian and distribution of State flags.--The Secretary of State is hereby designated as the custodian of the State flag. From funds made available for such purpose, the Secretary of State shall procure suitable State flags and he shall be authorized to furnish, without cost, to the various public schools of this State and to other departments and agencies, at actual cost, such flags for their use in displaying same. From such funds, he is authorized also to procure such flags, and fascimiles thereof, as may cause such flag to be sufficiently and properly made known and displayed. (Acts 1956, pp. 38, 40; 1970, p. 192.) m 1827 PUBLIC REVENUE. i 92-2902 1 *1 A vi 92-2902. Annual fees for operating motor vehicles.--The annual fees % 92-2903 PUBLIC REVENUE. f>r the licensing of the operation of vehicles shall be as follows for each vehicle registered: 1828 (13) School busses. For each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities, or the transportation of the owner and the members of his immediate family, the sum of $5. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, where no part of the proceeds of the operation of such bus shall inure to the benefit of any private person, shall be licensed in the same manner as school busses, that is for the sum of $5, provided such bus shall comply with the same laws applicable to school busses. 1927 PUBLIC SAFETY. 92A-304. Lectures and demonstrations.--The Director of the Department of Public Safety may provide one or more lecturers, who may be a member of the Uniform Division of the Department of Public Safety, and may furnish such person or persons with the proper literature and equipment, and may cause lectures and demonstrations relating to public safety to be given in the public schools of this State in cooperation with the school authorities. (Acts 1937, pp. 322, 341; 1943, pp. 196, 201.) 92A-101 1 * [I 4V I I 1929 PUBLIC SAFETY. J 92A421 92A-411. Unlicensed chauffeur forbidden to operate motor vehicle.-- No person shall operate a motor-propelled vehicle engaged in hauling persons or property for hire nor a school bus upon the public roads or highways within this State or upon the public streets of any incorporated village, town or city as a chauffeur without first obtaining a license under the provisions of this Chapter and the rules and regulations promulgated by the Director of the Department of Public Safety. (Acts 1937, pp. 322, 345 ; 1943, pp. 196, 201 ; 1963, p. 498.) 99-2005 SOCIAL WELFARE. 2096 I CHAPTER 99-21. STATE AND POLITICAL SUBDIVISIONS: EMPLOYEEES SOCIAL SECURITY LAW. 99-2101. Declaration of policy of Chapter.--In order to extend to employees of the State of Georgia and the political subdivisions of this State, and to the dependents and survivors of such employees, the basic protection accorded to others by the Old Age and Survivors Insurance System embodied in the Social Security Act, it is hereby declared to be the policy of the General Assembly, subject to the limitations of this Chapter, that such steps be taken as to provide such protection to employees of the State and the political subdivisions of the State on as broad a basis as is permitted under the Social Security Act. (Acts 1953, Nov. Sess., p. 294; 1956, pp. 75, 76.) 99-2102. Definitions.--For the purpose of this Chapter: (a) the term "wages" means all remuneration for employment as defined herein, in- cluding the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute 3ri v1 "wages" within the meaning of that Act. (b) The term "employment" means any service performed by an em- ployee in the employ of the State or any political subdivision of the State, for such employer, except (1) service which in the absence of an agreement entered into under this Chapter would constitute "employ- ment" as defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the State and the Secretary of Health, Education and Welfare, entered into under this Chapter. Service which under the Social Security Act may be included in an agreement only upon certification by the Governor 2097 SOCIAL WELFARE. 99-2103 in accordance with Section 218 (d) (3) of that Act shall be included in the term "employment" if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health, Education and Welfare pursuant to section 99-2109 (b). For the purpose of this Chapter, any individual compensated for services as a school bus driver, either through a contractual relationship or otherwise, is deemed to be an employee of the governing board of education for which such services are performed. (c) The term "employee" includes an officer of a political subdivision of the State. (d) The term "State agency" means the Employees Retirement Sys- tem of Georgia. (e) The term "Secretary of Health, Education and Welfare" includes any individual to whom the Secretary of Health, Education and Welfare has delegated any functions under the Social Security Act with respect to coverage under such Act of employees of States and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such administrator had delegated any such functions, and wherever in this Chapter the term Federal Security Administrator is used, it shall mean Secretary of Health, Education and Welfare. (f) The term "political subdivision" within the terms of this Chapter means counties and incorporated towns and cities and includes an instrumentality of: (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions: the Board of Regents of the University System of Georgia, the FederalState Cooperative Inspection Service of the State of Georgia, the Board of Trustees of Georgia Military College, and the Georgia Municipal Association. (g) The term "Social Security Act" means the Act of Congress ap- proved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the "Social Security Act" (including regulations and requirements issued pursuant thereto), as such Act has been and may from time to time be amended. (h) The term "Federal Insurance Contribution Act" means Subchap- ter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and Subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954, as such codes have been and may from time to time be amended; and the term "employee tax" means the tax imposed by section 1400 of such Code of 1939 and section 3101 of such Code of 1954. (Acts 1953, Nov. Sess., p. 294; 1956, pp. 75--78; 1958, p.. 198; 1959, pp. 445, 446; 1966, p. 150.) 99-2103. Federal-State agreement; interstate instrumentality.--(a) The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Federal Security Administrator, consistent with the terms and provisions of this Chapter, for the purpose of extending the benefits of the Federal Old Age and Survivors Insurance System to employees of the political subdivisions of the State with respect to services specified in such agreement which constitute "employment" as defined in section 99-2102. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration, and other appropriate provisions as the State agency and Federal Security Administrator shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that: (1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act; (2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 99-2102), equal to the sum of the taxes which would be imposed by the Federal Insurance Contribution Act if the services covered by the agreement constituted employment within the meaning of that Act. (3) Such agreement shall be effective as of the date specified therein: Provided, however, it shall not be effective prior to the date permitted by the Federal Social Security Act with respect to services in employ- ment covered by the agreement. (4) All services which (A) constitute employment as defined in section 99-2102, (B) are performed in the employ of the State or a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State agency under section 99-2104 shall be covered by the agreement. (5) As modified, the agreement shall include all services described in paragraph (4) of this subsection and performed by individuals in positions covered by a retirement system with respect to which the Governor has issued a certificate to the Secretary of Health, Education and Wel- fare pursuant to section 99-2109 (b). (b) Interstate instrumentalities. Any instrumentality jointly created by this State and any other State or States is hereby authorized, upon the granting of like authority by such other State or States : (1) to enter into an agreement with the Federal Security Administrator whereby the benefits of the Federal Old Age and Survivors Insurance System shall be extended to employees of such instrumentality, (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under section 99-2104 (a) if they were covered by an agreement made pursuant to subsection (a) of this section, and (3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) of this sec- tion and other provisions of this Chapter. (c) Pursuant to Section 218 (d) (6) of the Social Security Act and for the purpose of this Chapter, at the election of the Governor, any retirement system which covers employees of more than one political subdivision or employees of the State and one or more political subdivisions shall be deemed a separate retirement system with respect to each political subdivision or as to the State and one or more political subdivisions having positions covered thereby: Provided, further, pursuant to Section 218 (p) of the Social Security Act, and also for the purposes of this Chapter, any retirement system which covers positions of policemen or firemen, or both, and other positions shall, if the Governor so elects, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be. (d) For the purposes of this Chapter any retirement system established by the State of Georgia or any political subdivision thereof, or established by an Act of the General Assembly, which, on, before, or after the date of enactment of this subsection is divided into two divisions or parts, one of which is composed of positions of members of such system who desire coverage under the agreement under this Chapter and the other of which is composed of positions of members of such system who do not desire such coverage, shall, upon the Governor's authorization of a referendum for a retirement system as defined in the Social Security Act, be deemed to be a separate retirement system with respect to each such division or part: Provided, however, at the election of the Governor, the referendum and the division of such system may occur simultaneously as authorized by Section 218 (d) (7) of the Social Security Act. The positions of individuals who become members of such system after such coverage is extended shall be included in such division or part of such system composed of members desiring such coverage. The position of any individual which is covered by any retirement system to which the preceding two sentences are applicable shall, if such individual is ineligible to become a member of such system on the date of August 1, 1956, or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under this Chapter. (e) As to the superior court judges retirement fund of Georgia, which is a retirement fund divided pursuant to Subsection 218 (d) (b) (c) of the Social Security Act, the position of any member of the division or part who does not desire coverage may be transferred to the separate retirement fund composed of positions of members who do desire coverage upon such terms and conditions and at such time as permitted by 99-2104 SOCIAL WELFARE. 2098 the Federal law. In the event of such transfer the employee contributions of such member required for social security coverage shall be deducted by the State Treasurer and remitted to the State agency together with the required employer contributions, and the State Treasurer is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State of Georgia the required employer contributions on any such transferred member. (Acts 1953, Nov. Sess., pp. 294, 296; 1956, pp. 75, 78, 79; 1957, pp. 586, 587; 1958, pp. 198, 199; 1964, p. 303.) ployee's retention in, or entry upon, employment after enactment of this Chapter, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his wages (as defined in section 99-2102), not exceeding the amount of the employees tax which would be imposed by the Federal Insurance Contribution Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his wages as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political sub- 99-2104. Plans for coverage of employees of political subdivisions.-- (a) Each political subdivision of the State is hereby authorized to submit for approval by the State agency a plan for extending the benefits of Title II of the Social [Security] Act, in conformity with applicable provisions of such Act, to employees of such political subdivision, and division or instrumentality under paragraph (1) of this subsection. Failure to deduct such contributions shall not relieve the employee or employer liability therefor. (d) Delinquent payments due under paragraph (1) of subsection (c) may, with interest at the rate of six per cent, per annum, be recovered the Adjutant General, acting on behalf of this State, is authorized to sub- by action in court of competent jurisdiction against the political sub- mit and enter into a similar plan with the State agency for extending division liable therefor or may, at the request of the State agency, be said benefits to the civilian employees of the National Guard units of this deducted from any other moneys payable to such subdivision by any State, who are, for the purposes of this Chapter, deemed to be a separate department or agency of the State. coverage group as provided for in the Federal Social Security Act. Each (e) Should any county board of education, independent board of such plan and any amendments thereof shall be approved by the State education, area board of education, incorporated town or incorporated agency if it finds that such plan, or such plans as amended, is in con- city, who has entered into a plan of coverage for their employees with formity with such requirements as are provided in regulations of the the State agency as provided for in this section, fail to make collection State agency, except that no such plan shall be approved unless: (1) It is in conformity with the requirements of the Social Security from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State agency to notify \ Act and with the agreement entered into under section 99-2103; the State Board of Education of such failure, and thereupon it shall be (2) It provides that all services which constitute employment as defined in section 99-2102 and are performed in the employ of a political subdivision by employees thereof shall be covered by the plan except the duty of the State Board of Education to withhold from such county board of education, independent board of education, area board of education, incorporated town or incorporated city failing to make the re- that it may exclude services performed by individuals to whom Section ports and payments all appropriations allotted to such board of educa- 218 (c) (3) (C) of the Social Security Act is applicable; tion, town or city, until such board of education, town or city has fully (3) It specifies the Bource or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (c) and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such pur- complied with the provisions agreed to in its plan of coverage entered into with the State agency, and it shall be illegal for the State Board of Education or Department of Education to pay out or release such funds, unless the provisions of this section are complied with. pose ; (f) Should the governing authority of any county which has entered (4) It provides for such methods of administration of the plan by the into a plan of coverage for its employees with the State agency as pro- political subdivision as are found by the State agency to be necessary vided for in this section fail to make collection from its employees and for the proper and efficient administration of the plan; to make reports and payments agreed to in such plan of coverage, it (5) It provides that the political subdivision will make such reports, shall be the duty of the State agency to notify the State Highway Board in such form and containing such information, as the State agency may and the State Treasurer of such failure and. thereupon, it shall be the from time to time require, and comply with such provisions as the State duty of the State Highway Board and the State Treasurer to withhold agency or the Federal Security Administrator may from time to time from such county governing authority all appropriations for highway find necessary to assure the correctness and verification of such reports ; and and road purposes allotted to such county until such county governing authority has fully complied with the provisions agreed to in its plan (6) It authorizes the State agency to terminate the plan in its en- of coverage by making reports and remittances of the payment provided for in its plan of coverage entered into with the State agency, and it 4 tirety, in the discretion of the State agency, if it finds that there has shall be illegal for the State Highway Board or the State Treasurer to been a failure to comply with any provision contained in such plan, such pay out or release such funds, unless the provisions of this section are termination to take effect at the expiration of such notice and on such complied with : Provided, however, the State Highway Board and the conditions as may be provided by regulations of the State agency and State Treasurer are hereby authorized and directed, upon certified re- may be consistent with the provisions of the Society Security Act: Pro- quest of the State agency, to remit to the State agency from such with- vided, that such conditions as may be provided by the regulations of the held funds the amount necessary to cover the remittances which such State agency for such termination shall assure that the State shall not county governing authority has failed to pay to the State agency: Pro- incur any debt or loss in relation to any amounts due the State from vided, further, that the State Highway Board and the State Treasurer other provisions of the Social Security Act, including grants in aid for are hereby authorized to release all such withheld funds upon authoriza- public assistance and for maternal and child welfare. tion from the State agency. (b) The State agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section, and shall not terminate an approved plan, without reasonable notice and opportunity for hearings to the political subdivision affected thereby. (g) Should the governing authority of any incorporated municipality which has entered into a plan of coverage for its employees with the State agency, as provided for in this section, fail to make collection from its employees and to make reports and payments agreed to in (c) (1) Each political subdivision as to which a plan has been ap- such plan of coverage, it shall be the duty of the State agency to notify proved under this section shall pay into the contribution fund, with the State Treasurer of such failure and thereupon it shall be the duty respect to wages (as defined in section 99-2102), at such time or times of the State Treasurer to withhold from such municipal governing as the State agency may by regulation prescribe, contributions in the authority any State appropriations allocated to such municipality until amounts and at the rates specified in the applicable agreement entered the State Treasurer receives authorization from the State agency to into by the State agency under section 99-2103. release such funds. The State Treasurer is hereby authorized and (2) Each political subdivision required to make payments under para- directed, upon certified request of the State agency, to remit to the graph (1) of this subsection is authorized, in consideration of the em- State agency from such withheld funds the amount necessary to cover 2099 SOCIAL WELFARE. 99-2110 the remittances which such municipal governing authority has failed to pay to the State agency under the provisions agreed to in its plan of coverage. It shall be illegal for the State Treasurer to pay out or release such funds, after notice from the State agency, unless the provisions of this section are complied with. The State Treasurer is hereby authorized to release all such withheld funds upon authorization from the State agency. Should any municipal corporation fail to make collections from its employees or fail to make reports and payments to the State agency as agreed to in its plan of coverage, such defaulting municipal corporation shall be subject to a penalty of 10 per cent, of the delinquent payments. The governing authority of each municipal corporation which has entered into a plan of coverage for its employees with the State agency shall enact an ordinance in which it agrees to abide by the rules and regulations of the State agency in regard to collections from its employees and in making reports and payments to the State agency. The municipal corporation shall pledge in its adopting ordinance the amount which it would receive in State grant funds as security for assurance that it will make collections from its employees, submit required reports, and remit payments to the State agency as agreed to in its plan of coverage. If the amount of State grant funds which a municipal corporation is entitled to receive is less than its annual payment to the State agency, then the State agency may require such municipal corporation to deposit in escrow in accordance with rules and regulations of the State agency an amount which, when added to the State grant funds to which such municipality is entitled, would total an amount sufficient to meet the municipal corporation's obligations of reporting and remitting collections to the State agency. (Acts 1953, Nov. Sess., pp. 294, 297; 1956, pp. 75, 80; 1956, pp. 576, 577; 1963, p. 641; 1964, pp. 304, 305; 1967, pp. 832, 833.) 99-2105. Contribution fund.-- (a) There is hereby established a special fund to be known as the contribution fund. Such fund shall consist of and there shall be deposited in such fund: (1) all contributions, interest, and penalties collected under section 99-2104; (2) all moneys appropriated thereto under this Chapter; (3) any property or securities and earnings thereof acquired through the use of moneys belonging to the fund ; (4) interest earned upon any moneys in the fund : and (5) all sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. Subject to the provisions of this Chapter, the State agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts, whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this Chapter. (b) The contribution fund shall be established and held separate and apart from any other funds or moneys of the State and shall be used and administered exclusively for the purpose of this Chapter. Withdrawals from such fund shall be made for, and solely for (A) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 99-2103 : (B) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality; and (C) expenses incurred in the administration of this Chapter. (c) From the contribution fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the State agency in accordance with any agreement entered into under section 99-2103 and the Social Security Act. (d) The treasurer of the State agency shall be treasurer and custodian of the contribution fund and shall administer such fund in accordance with the provisions of this Chapter and the directions of the State agency, and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the State agency may prescribe pursuant thereto. He shall be compensated for these services in an amount established by the board of trustees of the State agency commensurate to the duties and responsibilities. (e) There are hereby authorized to be appropriated annually to the contribution fund, in addition to the contributions collected and paid into the contribution fund under section 99-2104, to be available for the purposes of section 99-2105 (b) and (c) until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under section 99-2103. (Acts 1953, Nov. Sess., pp. 294, 301.) 99-2106. Rules and regulations.--The State agency shall make and publish such rules and regulations, not inconsistent with the provisions of this Chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this Chapter. (Acts 1953, Nov. Sess., pp. 294, 302.) 99-2107. Studies and reports.--The State agency shall make studies concerning the problem of old age and survivors insurance protection for employees of the political subdivisions of the State and concerning the operation of agreements made and plans approved under this Chapter and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this Chapter during the period since the last session or report, including such recommendations for amendments to this Chapter as it considers proper. (Acts 1953, Nov. Sess., pp. 294, 303.) 99-2108. Expenses. Administrative costs.--All expenses of the State agency relative to and incidental to the administration of this Chapter shall be paid from funds paid into the State agency by participating subdivisions for such purpose as shall be provided by the rules and regulations of such State agency. (Acts 1953, Nov. Sess., pp. 294, 303.) 99-2109. Referenda and certification.--(a) The Governor is impowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218 (d) (3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision shall be excluded from or included under an agreement under this Chapter. The notice of referendum required by Section 218 (d) (3) (C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this Chapter. (b) Upon receiving evidence satisfactory to him that with respect to any referendum the conditions specified in Section 212 (d) (3) of the Social Security Act have been met, the Governor is authorized to so certify to the Secretary of Health, Education and Welfare. (Acts 1956, pp. 75, 81.) 99-2110. Employees Social Security Coverage Group; establishment; functions.--Pursuant to Paragraph II, Section I, Article XIV (Const. 1945, 2-8202) of the State Constitution, and Subparagraph VII-A of Paragraph I of Section II of Article VII (Const. 1945, 2-5501) of said State Constitution, with due consideration to the limitations embodied therein, there is hereby established a separate coverage group to be known as Employees Social Security Coverage Group, membership of which shall consist of all State employees who are in the group to be covered for social security, the conditions of membership to be as established in the Act governing the Employees Retirement System of Georgia. (a) The Employees Social Security Coverage Group herein provided shall for the purposes of this section be and it is hereby declared to be under the jurisdiction and control of the Board of Trustees of the Employees Retirement System of Georgia. Said board is authorized to establish such rules and regulations as are necessary to provide for payment of the contributions required under the Social Security Act, and the proper administration of the provisions of this section, and is further authorized to modify the present agreement with the Secretary of Health, Education and Welfare of the United States, consistent with the terms and provisions of this Chapter for the purpose of extending the benefits of the Old Age and Survivors Insurance System to members of ^ 99-2111 SOCIAL WELFARE. said coverage group, such coverage to become effective not earlier than July 1, 1956. (Acts 1956, pp. 75, 82.) 99-2111. Chapter as sole method of obtaining coverage.--The social security coverage for employees of the State as provided in this Chapter shall be the sole and exclusive method for obtaining such coverage regardless of the source of funds used for payment of salaries or wages. (Acts 1957, pp. 586, 587.) 2100 APPENDIX REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING APPEALS A RESOLUTION shall file, at least 2 days prior to such hearing, a written statement of their contentions to the same extent as hereinbefore required as to motions for reconsideration. All other proceedings thereafter shall be conducted in the same manner as hereinbefore provided for motions for reconsideration. Revising and superseding the regulations of the State Board of Education Relating to Appeals. WHEREAS, the 1961 General Assembly amended the laws relating to appeals to the State Board of Education from local school systems (Ga. Laws 1961, p. 39), thereby rendering it appropriate that the State Board revise its regulations relating thereto; NOW THEREFORE, BE IT RESOLVED by the State Board of Education, that the existing regulations governing appeals be and the same are hereby repealed, and the following substituted in lieu thereof: "REGULATIONS GOVERNING APPEALS TO STATE BOARD "Section 1. Nature of Appeals. Under Code Sec. 32-910 as amended (Ga. Laws 1961, p. 39), the State Board has appellate jurisdiction with respect to decisions and orders rendered in controversies by local county or city boards of education. The State Board has appellate jurisdiction only, and does not decide the controversy de novo. The Board will not hear witnesses or receive other evidence, but will decide all cases on the basis of the transcript of evidence and proceedings transmitted from the local board, although the Board does reserve the right to require personal appearance of the appellant and question such appellant concerning his contentions. (See Boney v. County Board of Education of Telfair County, 203 Ga. 152; Op. Atty. Gen. 1952-53, p. 54; Op. Atty. Gen. 1948-49, p. 128; Op. Atty. Gen. 1954-56, p. 280.) "Section 5. Appeals to State Board. Any interested person dissatisfied with any ruling by a local board of education rendered as provided m Sections 3 or 4 herein may appeal to the State Board by filing in duplicate with the local superintendent, a written appeal in the manner required by Code Section 32-910, as amended. The appeal must distinctly set forth the questions and issues involved and state the reasons why the decision complained of is alleged to be erroneous, and must be filed within 15 days of the decision complained of. If the appellant does not file with such appeal a transcript of the evidence and proceedings before the board, including all documents, he shall also file as a part of said appeal, a request that the superintendent transcribe and prepare such a transcript, in which event the superintendent may require the appellant to pay in advance the costs of such preparation. If for any reason the proceedings were not reported, it shall be the duty of the appellant and superintendent to prepare such a transcript from memory, and in case of disagreement, the recollection of the superintendent shall control. It shall then be the duty of the superintendent to prepare a record on appeal for transmission to the State Board, which shall include (where applicable), (a) the initial decision of the local board (b) the motion for reconsideration, with any reply thereto, if any (c) any statements of contentions as referred to in Section 4 herein (d) the transcript of evidence and proceedings (e) the final decision of the local board; and (f) the appeal, and certify the same as true and correct to the State Board of Education, c/o the State Superintendent of Schools, State Office Building, Atlanta, Georgia. The appeal may be amended and a transcript filed, any time prior to transmission to the State Board. "Section 2. Hearing Before Local Board. As held by the Supreme Court in the Boney case (203 Ga. 152, 1956), it is only 'decisions of the county (or city) board made on disputed issues' that are appealable to this Board. In most instances, decisions of the local board, being usually policy determinations and thereby legislative or executive in character, are made ex parte in regular or special meetings, and the persons complaining thereof are not present before the local board to make an issue until sometime subsequent to the rendition of the decision complained of. In such cases, the person aggrieved by such decision shall file a written motion for reconsideration with the local board within 15 days of the decision complained of, setting forth clearly and succinctly the reasons wherein such decision is complained to be erroneous. If such motion is not filed by an attorney representing the movant, notice to any one movant therein named shall be deemed notice to all, unless such motion expressly designates the name and address of some person upon whom such notice may be perfected. "Section 3. Notice and Hearing. The local board shall notify the appellant and any other interested parties, by such means as may be reasonable under the circumstances, of the time and place for hearing on the motion for reconsideration. At said hearing, all witnesses shall be sworn by the Chairman or any member of the board, or its attorney. The local board shall cause the testimony and other evidence to be transcribed by a court reporter or other appropriate means. On all issues not quasi-judicial in nature, such as questions relating to school consolidation, transportation routes and practices, merger of schools, and pupil placement, the local board may read into the record the basis of its decision previously reached, which shall constitute a part of the evidence in the case. All witnesses sworn and testifying shall be subject to reasonable cross examination, but the strict rules of evidence prevailing in courts of law shall not be applicable to hearings before local boards. At the conclusion of the hearing, the local board shall render its decision, or else adjourn to a day not more than 15 days thereafter for rendition of its decision on the motion. "Section 6. Procedure Before State Board. Upon receipt of the appeal, the State Superintendent of Schools or one of his assistants shall inspect said appeal to determine whether the same is in proper form for hearing by the State Board. The superintendent may procure the assistance of the Attorney General and State Department of Law in making this determination. If said appeal is found to be in proper form for hearing, the same shall be docketed and placed on the calendar for hearing before the State Board at the earliest practicable time, and the appellant, local superintendent and other interested parties shall be notified by mail of the time and place of hearing. If said appeal is not found to be in proper form for hearing, the State Superintendent shall notify the appellant thereof, and take such further action as may be deemed necessary or appropriate. "Section 7. Hearing Before State Board. The appellant may appear either in person or by attorney. New evidence will not be received, and argument shall be limited to thirty (30) minutes to the side, and shall be confined to the issues made by the record and evidence transmitted from below. The State Board shall not consider any question not specifically made in both the motion for reconsideration (or statement of contentions, as the case may be) and the written appeal. The Board may in any case require personal appearance of the appellant to question him concerning his contentions. "Section 8. Decision of State Board. The State Board may render its decision at the hearing or after consideration at a later date. "Section 9. Deadline for Filing Appeals. An appeal must be docketed not less than ten (10) days in advance of the meeting of the State Board of Education at which the appeal is to be heard. The State Board of Education will hear the appeal at the earliest practicable date consistent with this policy. "Section 10. Non-compliance with Policies. Failure to comply with any of the provisions in these regulations relating to an appeal will be grounds for dismissal. "Section 4. Hearing by Local Board Before Initial Decision. In some cases, the local board may wish to give notice of hearing prior to making even its initial decision. This would be generally true anyway in all disputes of a quasi-judicial nature, such as proceedings for removal of the superintendent under Code Sec. 32-1008 (Supp.). In such cases, the board shall give such notice as will, under the circumstances, be reasonably calculated to apprise the interested parties of the time and place of hearing, and the issues to be decided. All interested parties "Section 11. Supersedeas. No appeal shall act as supersedeas unless so ordered by the local Board or by the Chairman of the State Board of Education. "Section 12. Separability Clause. The provisions of this regulation are hereby declared to be separable, and the invalidation of any sentence, section or part hereof shall not affect or invalidate any other sentence, section or part hereof." 1 AGRI RAMA, GEORGIA. Board of Governors-- Director, powers delegable to, 32-304a. Membership, 32-302a. Powers, 32-303a. Coastal Plains Experiment Station, adjunct of, 32-30la. Creation, 32-30la. APPEALS. Education, State Board of, regulations, see Appendix. BLIND, ACADEMY FOR THE. Appropriations for, 32-2804. Control, transfer from State Department of Public Welfare to State Board of Education, 32-2801. Curricula, laws and regulations governing, 32-2802. Education, State Board Of-- Authority, 32-2801. Control, transfer to, 32-2801. Trusts-- Continuance, 32-2805. Funds, use, 32-2804. Pupils' Trust Fund, transfer to, 32-2803. Substituted trustee in existing trusts, 32-2805. Funds, how used, 32-2804. Gifts, 32-2804. Inapplicability of laws and regulations governing other schools, 32-2803. Public policy relating to, 32-2802. Pupils trust fund, 32-2803. Teachers, laws and regulations governing, 32-2802. Textbooks-- Free, 32-716. Laws and regulations governing, 32-2802. Trust funds, administration, 32-2803, 32-2805. CONSTITUTION OF STATE. Abolition-- Constitution of State, 2-501. County treasurer, office of, 2-7806. Courts, 2-5301. Justice courts, 2-4201. Involuntary servitude, 2-117. Justice of the peace, office of, 2-4201. Notary public ex-officio justice of the peace, 2-4201. Public office, effect, 2-8006. Slavery, 2-117. Solicitors general, fees of, 2-4702. Treasurer, county, office of, 2-7806. Abridgment-- Eminent domain, right of, 2-2501. Police power, 2-2502. Abuse-- Liberty of speech or press, 2-115. Prisoners, 2-109. Academies, tax exemption, 2-5404. Accused, service of accusation and list of witnesses on, 2-105. Actions-- Counties, by or against, 2-7801. Jurisdiction, see Jurisdiction, post. Rights to courts, 2-104. Venue, see Venue, post. Acts and resolutions of General Assembly, see General Assembly, post; Statutes, post. Amendment-- Appropriation bills, 2-1910. Concurrence in, or proposal by Senate, 2-1910. Reference to title, 2-1916. Appropriations, see Appropriations, post. Approval or disapproval by Governor, 2-3015, 2-6203. INDEX CONSTITUTION OF STATE--Cont'd. Acts and resolutions of General Assembly--Cont'd. Banks, grant of charters to, 2-1917. Borrowing money by State, form of laws, 2-5603. Canal companies, grant of charters to, 2-1917. Constitution, in violation of, 2-402. Contracts, impairing obligation of, 2-302. Corporations-- Charters-- Amendment or alteration, 2-2601. Banks, 2-1917. Canal companies, 2-1917. Express companies, 2-1917. Fire insurance companies, 2-1917. Forfeiture, remission of, 2-2601. Holding subject to Constitution, 2-2601. Navigation companies, 2-1917. Railroad companies, 2-1917. Remission of forfeiture of, 2-2601. Tax exemption granted in, revocation, 2-303. ' Telegraph companies, 2-1917. Public utilities-- Bonuses and rebates, 2-2402. Charges, 2-2401, 2-2402. Effective date of, proposed amendment, 2-3015. Enactment of laws, 2-1901 to 2-1925. Engrossment of bills, reading affected by, 2-1907. Ex post facto, 2-302. Express companies, grant of charters to, 2-1917. Fire Insurance Companies-- Deposits by, 2-2904. Grant of charters to, 2-1917. General appropriation bill, 2-1909, 2-6201. General laws, uniformity of operation, 2-401. Governor, signing by, 2-1921. Insurance companies, grant of charters to, 2-1917. Invalidity of Acts in violation of Constitution, 2-402. Lobbying, see General Assembly. Penalties, 2-205. Local, see Local laws, post. Force of, 2-8004. Notice of intention to apply for, 2-1915. Reading, 2-1907. Lotteries, prohibiting, 2-204. Majority vote, requirement to pass, 2-1914. Navigation companies, grant of charters to, 2-1917. Obligation of contracts, impairing, 2-302. Passage-- Majority vote of all members, 2-1914. Notice of intention to ask local legislation, 2-1915. Reading bills, 2-1907. Yeas and nays, recording, 2-1906, 2-1912,2-1919,2-8101. Planning and zoning laws, 2-1923. Powers of General Assembly, 2-1920. Private acts, force of, 2-8004. Private rights, variance of general law affecting, by special legislation, 2-401. Public utilities-- Bonuses and rebates, 2-2402. Charges, 2-2401, 2-2402. Publication, 2-1904. Railroad companies-- Freight and passenger tariffs, 2-2401, 2-2402. Grant of charters to, 2-1917. Reading bills, requirement, 2-1907. Recognizances, relief of principals or securities, 2-1918. Reintroduction after rejection, 2-1913. CONSTITUTION OF STATE--Cont'd. Acts and resolution of General Assembly--Cont'd. Repeal by reference to title, etc., 2-1916. Retroactive operation, 2-302. Revenue, bills for raising-- Amendment of, 2-1910. Appropriation as condition precedent to drawing money from treasury, 2-1911. General appropriation bill, 2-1909. Origin in House of Representatives, 2-1910. Yeas and nays, recording, 2-1912. Signing, 2-1913, 2-1921. Special legislation, 2-401, 2-2601. Notice as to, 2-1915. Special session laws, 2-3012. Street railways, authorizing construction of, 2-1925. Subject matter, one only to be expressed in title, 2-1908. Taxation-- Classification of property, 2-5403. General laws, requirement, 2-5403. Irrevocable limitation, etc., of right prohibited, 2-5401. Poll tax, limitation on amount, 2-5402. Rates, 2-5403. Telegraph companies, grant of charters to, 2-1917. Tidewater lands, confirmation of titles, 2-601. Title- Amendment or repeal by reference to, 2-1916. Reading, 2-1907. Subject matter, single, 2-1908. Validity as affected by, 2-1908. Uniform operation of general laws, 2-401. Veto by Governor-- Appropriation bills, 2-3015. Constitution, proposal to amend, 2-8103. Override of veto, proposed amendment, 2-3015. Resolutions, 2-3016. Signature of Governor where veto overridden, 2-1921. Void Acts, 2-402,2-6205. Yeas and nays-- Appropriation bills, 2-1912. Entry on journals, 2-1906, 2-1919. Amendment of Constitution, 2-8101. Appropriation bills or resolutions, 2-1912. Elections by General Assembly, 2-2201. Zoning and planning laws, 2-1923. Acts violating, 2-402. Ad valorem taxation, see Taxation, post. Debt created for purposes of equalization programs, 2-6001. Disabled veterans, 2-5404. Motor vehicles, classification of property, 2-5403. Adequate compensation, private property taken for public purposes, 2-301. Adjournments of General Assembly, 2-1603, 2-1604,2-1922. Advertisements-- Amendments proposed, 2-8101. Local laws, 2-1915. Resources of State, taxation for, 2-5501 Affirmation-- Search warrant, 2-116. Support of Constitution, 2-1605, 2-3009. Age of persons, see Eligibility requirements, post. Aged persons-- Homestead exemption, 2-7601. Income, with certain, tax exemption, 2-5404. Taxation for payment of assistance to, 2-5501,2-5701. CONSTITUTION OF STATE--Cont'd. Agricultural and home demonstration agents, taxation to pay, 2-5701. Agricultural products, taxation exemption, 2-5404. Agricultural resources, advertising, taxation for, 2-5501. Agriculture, Commissioner of-- Authority, 2-3102. Bond and security, 2-3104. Commission by Governor, 2-3101. Duties, 2-3102. Election, 2-3101. Eligibility requirements, 2-3104. Fees and perquisites denied, 2-3105, 2-5606. Information, giving to Governor, 2-3017. Profit from use of public money, 2-3103. Qualifications, 2-3104. Salary, 2-3102. Suspension, 2-3017. Term of office, 2-3 001, 2-3101. Traveling expenses, 2-3105. Agriculture, promotion of, 2-5501.1. Aid and comfort to enemies of State, 2-202. Air pollution, tax exemption for facilities installed to prevent, 2-5404. Airports and landing fields, taxation for funds for acquisition, etc., 2-5501, 2-5701. Alienation of homestead, 2-7601. Alimony, jurisdiction-- Superior court, 2-3901. Supreme Court, 2-3704. Allocation of funds, 2-6204. Alteration of, 2-501. Amendments-- Acts of General Assembly-- Appropriation bills, 2-1910. Concurrence in, or proposal by, Senate, 2-1910. Reference to title, 2-1916. Advertisements, 2-8101. Appropriation bills, 2-1910. Coastal Highway District, affecting, 2-5605,2-6301. Code of Georgia, 2-1916. Continuance in force of existing local amendments, 2-6301. Corporate charter, 2-2601. Disapproval by Governor, 2-3016, 2-8103. Effective date of amendments, proposed amendment, 2-8104. Elections, 2-8101, 2-8102, 2-8401. Existing, 2-6301. How made, 2-8101. Local application, continuation, 2-6301. Local laws, how ratified, 2-8101. Majority of voters, requirement, 2-8101. Proposal in Senate or House of Representatives, 2-8101. Disapproval or veto by Governor, 2-3016,2-8103. Publication in newspapers, 2-8101. Ratification by people, 2-8101, 2-8102, 2-8401. Signature of Governor to proposal, 2-1921. Statutes or code, 2-1916. Submission to people for ratification, 2,8101,2-8102,2-8401. Veto or disapproval of proposal by Governor, 2-3016, 2-8103. Animals, domestic, taxation exemption, 2-5404. Appeals-- Juvenile courts, 2-3709. Ordinaries, from, 2-4101. Registrars, from decision of, 2-705, 2-706. Superior courts, 2-3904, 2-4101, 2-4202. Appeals, Court of, see Court of Appeals, post. INDEX CONSTITUTION OF STATE--Cont'd. Appointments-- Governor, by, see Governor, post. Resignation of member of General Assembly as condition precedent to, 2-1606. Apportionment of State Representatives, 2-1501, 2-1502. Appropriation Act, General, 2-6202. Appropriations-- Additional, 2-6203. Amendment of bills, 2-1910. Approval or disapproval by Governor, 2-3015, 2-6203. Bonds, to pay certain, prohibited, 2-5607. Charitable, by counties for purposes other than, 2-5801. Churches, of public money to, prohibited, 2-114. Continuation of general appropriation Act, 2-6202. Control, 2-6201 to 2-6205. Expenses of legislative department, 2-1909. Federal grants, 2-6202. General-- Amendment of General Appropriation Act, 2-6202. Contents and scope of bill, 2-1909, 2-6201. Continuation of General Appropriation Act, 2-6202. Draft and submission of bill by Governor, 2-6201. General Assembly expenses, 2-1910. Illegal bonds, to pay, 2-5607. Origin of bills in House of Representatives, 2-1911. Payment of certain bonds, 2-5607. Personnel Board, State, for, 2-2802. Religious institutions, 2-114. Religious sects, 2-114. Requirement that appropriations be made bylaw, 2-1911. Sects or sectarian institutions to, 2-114. Separate bills required, when, 2-1909. Specific sums, requirement, 2-6204. Subject, 2-1909. Supplementary, 2-6203. Veto by Governor. 2-3015. Void, when, 2-6205. Yeas and nays on passage of bills, 2-1912. ApprovalBills by Governor, 2-3015. Resolutions, by Governor, 2-3016. Arms, bearing, 2-122. Army and navy-- Divorce suits by residents of army posts or military reservations, venue, 2-4901. Electors, United States soldiers, sailors, and marines, 2-702. Governor as commander-in-chief, 2-3010. Army officers, eligibility to membership of General Assembly, 2-1606. Arrest-- Abuse of persons under, 2-109. Electors, 2-901. Exemptions-- Electors, 2-901. General Assembly members, 2-1903. General Assembly, members of, 2-1903. Larceny, for-- Electors, 2-901. General Assembly members, 2-1903. Privilege-- Electors, 2-901. General Assembly member, 2-1903. Rescue attempted of those arrested by order of General Assembly, 2-1902. Warrants, 2-116. Assembly, guaranty of right of, 2-124. CONSTITUTION OF STATE---Cont'd. Associations-- Counties as stockholders in, 2-5801. Literary tax, exemptions in, 2-5404. Municipal corporations as stockholders in, 2-5901. Political subdivisions of State as stockholders in, 2-5801. Taxation, exemptions, 2-5404. Assumption of debts by State, 2-5605. Atlanta-- City court, review of decisions, 2-3704, 2-3708. Civil court of Fulton county, jurisdiction, 2-4201. Historic /.one, establishing, Constitution of State, Art. XI. Public transportation of passengers for hire, 2-8601. Zoning laws, independence from Fulton county, 2-1923. Attainder, bills of, 2-302. Attorney General-- Authority, 2-1302. Bond and security, 2-3101. Capital felonies, duty to represent State in Supreme Court, 2-4502. Duties, 2-3102, 2-4502. Election, 2-3101,2-4501. Eligibility requirements, 2-3104, 2-4801. Fees and perquisites, 2-3 105. Information, giving at Governor's request, 2-3017. Legal advice to Executive Department, 2-4502. Perquisites and fees, 2-3 105. Profit from use of public money, 2-3103. Salary, 2-3102. Supreme Court, duty to represent State in, in capital felonies, 2-4502. Suspension, 2-3017. Term of office, 2-3001, 2-3101, 2-4501. Traveling expenses, 2-3105. Trial, attendance upon, 2-4502. Attorneys at law-- Benefit of counsel, 2-105. Defense by, right as to, 2-104. Prosecution by, right as to, 2-104. Automobiles, taxation, 2-5404. BailExcessive, prohibited, 2-109. Relief of principals or securities, 2-1918. Baled cotton, taxation, exemption, 2-5404. Ballots, election, 2-701. Banishment as punishment for crime, 2-107. Banks, charter, 2-1917. Bastards, names of, changing, 2-1917. 3earing arms, 2-122. Benefit of counsel, 2-105. Bequests, see Wills, post. Bias of Supreme Court Justices, 2-3702. Bill of attainder, prohibited, 2-302. Bill of rights-- Citizen, rights of, 2-101 to 2-125. Governmental rights of people, 2-501, 2-502. Offenses, certain, defined, 2-201 to 2-206. Protection to person and property, 2-301 to 2-303. Special legislation, 2-401, 2-402. Tidewater lands, titles, 2-601. Bills, see Acts and Resolutions of General Assembly, ante; General Assembly, post. Bills of exceptions-- Clerk of trial court, duties, 2-3705. Delay of clerk in transmitting, effect, 2-3705. Dismissal, want of prosecution as ground, 2-3705. Bills of exchange, venue of actions on, 2-4905. Blind persons, needy, taxation for assistance to, 2-5501, 2-5701. Blood, corruption of, 2-203. CONSTITUTION OF STATE--Cont'd. Boards, see specific boards. Bonded debt of State, see Debts, post. Bonds-- Appropriation to pay certain, prohibited. 2-5607. Attorney General, 2-3101. Executive officials, 2-3101. Illegal appropriations to pay, 2-5607. Invalidity of certain, 2-5607. Investment of sinking fund in State and United States, 2-5609. Bonus, rebate by public utility company, 2-2402. Books, taxation exemption, 2-5404. Borrowing by State, 2-5601, 2-5603. Boundaries of counties, 2-7801, 2-7808. Breach of peace-- Electors, arrest of, 2-901. General Assembly, arrest of members of, 2-1903. Bribery-- Disfranchisement of persons convicted of, 2-801. Office, of, holding of, by convicted persons, 2-801. Bridges-- Corporate powers to establish, 2-1917. Establishment, 2-1917, 2-4102. Ordinaries, powers, 2-4102. Taxation for, 2-5701. Bryan county, State Game and Eish Commission, citizen of county as member, 2-3301. Budget, Governor's message to General Assembly, 2-6201. Buildings and grounds, public, ordinaries' powers in relation to, 2-4102. Business licenses, counties, 2-5701. Busses, revenue anticipation obligations issued to purchase, 2-6005. Camden county-- Game and Fish Commission, citizen as member of, 2-3301. Canal companies, charter, 2-1917. Capital felonies- Attorney General to represent State in Supreme Court, 2-4502. Clemency, 2-3011. Supreme Court, jurisdiction of cases, 2-3704. Carriers-- Railroads, see Railroads, post. Rebates or bonuses, 2-2402. Tariffs, regulation, 2-2401. Carrying weapons, 2-122. Cause of action, right to prosecute or defend in courts, 2-104. Cemeteries, taxation, exemption, 2-5404. Certiorari-- Superior court to grant writ, 2-3905. Supreme Court to require Court of Appeals to certify case, 2-3704. Change of name of illegitimate child, 2-1917. Change of venue, 2-4906, 2-5001. Character of electors, 2-704. Charitable agencies, taxation, exemption, 2-5404. Charitable purposes, appropriations, etc., by counties, etc., for purposes other than, 2-5801. Charity institutions, public, taxation, exemption, 2-5404. Charters of corporations, see Acts and resolutions of General Assembly, ante. Revival subject to Constitution, 2-2601. Revocation of tax exemptions granted in, 2-303. Superior court judges, power to grant, 2-1917. INDEX CONSTITUTION OF STATE--Cont'd. Chatham county-- Game and Fish Commission, State, citizen of county as member of, 2-3301. Independent school system, tax, 2-7501. Cheese plants, tax exemption of, 2-5405. Children, see Infants, post. Dependent, taxation for payment of assistance to, 2-5501. Illegitimate, changing names of, 2-1917. Churches-- Appropriations of public money to, prohibited, 2-114. Taxation, exemption, 2-5404. Circuits, judicial, see Judicial circuits, post. Cities, see Municipal corporations, post. Atlanta, see Atlanta, ante. Contracts by, 2-5901. Courts, see City courts, post. Debts of, 2-6001. Home rule, 2-8301. Savannah-- City courts, 2-3704, 2-3708. Educational tax, 2-7501. Historic zones, establishing, Constitution of State, Art. XI. Independent school system, tax, 2-7501 Slums, clearing, authority, 2-8501. Citizens-- Arms, right to keep and bear, 2-122. Courts, right to, 2-104. Defined, 2-125. Education grants to, 2-7502. Elective franchise, 2-701 to 2-706. Eligibility for various offices, etc., see Eligibility requirements, post. Immunities, 2-125, 2-302. Personal liberty, right of, 2-113, 2-116. Personal security, right of, 2-102. 2-113, 2-116. Private property, right of, 2-102, 2-113, 2-116. Protection of, 2-125. Rights of, see Rights of people, post. Social status of, legislation as to, 2-118. Who are citizens of State. 2-125. City courts-- Atlanta. 2-3704, 2-3708. Court of Appeals' jurisdiction to correct errors, 2-3708. Judges, alternating with superior court judges, 2-4001. New trial, 2-3906. Savannah, 2-3704, 2-3708. Superior courts, judges presiding in, 2-4001. Supreme Court's jurisdiction to review decisions, 2-3704. Uniformity of practice, etc., 2-4201, 2-4401. Civil authority superior to military, 2-119. Civil rights-- Bills of rights, 2-101 to 2-125, 2-201 to 2-206, 2-301 to 2-303, 2-401, 2-402, 2-501,2-502. Citizenship, 2-125. Equal suffrage, 2-702, 2-704. Judicial power, extent of, 2-123. Representatives, apportionment, 2-1501, 2-1502. Slavery, abolished, 2-117. Vote, right of citizens to, 2-701 to 2-705. Civil service-- Equal preference to veterans of war, 2-1924. War veterans, preference, 2-1924. Clays, tax exemption of plants for processing of, 2-5405. Clayton county-- Public transportation of passengers for hire, 2-8601. CONSTITUTION OF STATE--Cont'd. Clemency in cases of conviction for crime, 2-3011. Clerks of Court of Appeals, appointment, etc., 2-3708. Clothing, taxation, exemption, 2-5404. Coastal Highway District-- Amendments to Constitution affecting, continuance in force, 2-5605, 2-6301. Indebtedness, assumption by State, 2-5605. Cobb countv-- Public transportation of passengers for hire. 2-8601. Code of Georgia, amendment, 2-1916, 2-8101. Colleges-- Taxation, exemption, 2-5404. Colored persons-- Educational facilities for, 2-6401. Endowments to institutions established for, 2-5404. Schools for, 2-6401. Slavery, 2-117. Commander in chief, 2-3010. Commerce Department, Department of Industry and Trade created in lieu of, 2-3505. Commissioners, see substantive heads, ante and post. Common schools, see Education, post; Schools, post. Commutation of sentences or penalties. 2-3011. Compensation and fees, see specific heads, post and ante. Comptroller General, 2-3102, 2-3105. County officers, 2-7902. Elective officials, manner of changing salaries, 2-2301. Extra, to officers, etc., after service completed, 2-5402. General Assembly members, 2-2101, 2-2301. Jurors, 2-5103. Militia officers and men, 2-7703. Perquisites and fees of public officials other than as provided by law, 2-3105. Private property taken or damages for public purpose, 2-301. Public money, loan of, 2-3103, 2-5606. Salaries of certain officers, see Salaries, post. Tax commissioner, 2-7806. Treasurers, county, 2-7806. Competition, contracts or agreements to defeat, 2-2701. Comptroller General-- Age, eligibility requirement, 2-3104. Bond, 2-3104. Citizenship, requirement, 2-3104. Clerical expenses, 2-3102. Deposits with, by nonresident life insurance companies, 2-2901 to 2-2903. Duties and authority, prescribing by General Assembly, 2-3102. Election, 2-3101. Eligibility requirements, 2-3104. Executive department officer, 2-3001. Information, giving at Governor's request, 2-3017. Licenses to nonresident life insurance companies, 2-2902. Perquisites, fees, etc., 2-3 105. Salary, 2-3102, 2-3105. Suspension, 2-3017. Term of office, 2-3001, 2-3101. Traveling expenses. 2-3105. CONSTITUTION OF STATE--Cont'd Compulsory process, 2-105. Compulsory school attendance, ordinary's jurisdiction, 2-4102. Concealment of property, 2-206. Condemnation of private property, 2-301, 2-2501. Confederate soldiers, widows of, pensions, 2-5501. Confession in open court, conviction of treason, 2-202. Confirmation of court proceedings, 2-8005. Confrontation of accused with witnesses, 2-105. Conscience, freedom of, 2-112. Consent-- Private rights, variance of, by special legislation, 2-401. Proposal of bill or resolution once rejected by General Assembly, 2-1913. Special legislation, variance of private rights by, 2-401. Conservation, county tax for, 2-5701. Conservator of peace, Governor as, 2-3011. Consolidation-- Counties, two or more, 2-7803 to 2-7805. County and municipal governments, 2-7807. Offices of tax receiver and tax collector in office of tax commissioner, 2-7806. Constitution-- State- Amendment, see Amendment, ante. Second in authority of laws, 2-8002. United StatesElectors, ability of, to read, 2-704. Jurisdiction of Supreme Court of cases involving construction of, 2-3704. Construction of Constitution, Supreme Court's jurisdiction of cases involving, 2-3704. Contempt of court, punishment, 2-1 20. Continuity of government in case of enemy attack, 2-1926. Contractor, extra compensation grant to, by General Assembly after contract entered into, 2-5402. Contracts-- Competition to defeat, 2-2701. Impairing obligations of, acts, 2-302. Monopoly, encouraging, 2-2701. Public facilities, use of, by State or divisions thereof, 2-5901. School pupils, transportation and care of, 2-7201. State and agencies, etc., by, 2-5901, 2-6202. Suspending or currendering tax power, 2-5401. Convention, Constitutional, 2-8101, Suspending or surrendering tax 2-8102. Conversion of personal property, jurisdiction of justices of the peace in cases of, 2-4202. Conviction of crime-- Corruption of blood, 2-203. Costs, 2-110. Disfranchisement by, 2-801. Disqualification to hold office, 2-801, 2-5606. Forfeiture of estate, 2-203. Impeachment proceedings, 2-1705. Jeopardy, 2-108. Whipping as punishment, 2-107. Cooperative rural electrification corporations, exemption from taxation, 2-5404. Copartners, venue of suits against, 2-4904. Copies of accusation, service on accused, 2-105. Coroners, taxation for payment of, 2-5701. INDEX CONSTITUTION OF STATE--Cont'd. Corporations-- Academies and seminaries of learning, exemption from taxation, 2-5404. Charters, see Acts and resolutions of General Assembly, ante. Granting by superior court judges, 2-1917. Revival subject to Constitution, 2-2601. Revocation of tax exemptions granted in, 2-303. Superior court judges, power to grant, 2-1917. Common voting stock of subsidiary corporations, taxation of, 2-5404. Cooperative rural electrification corporations exemption from taxation, 2-5404. Counties as stockholders, 2-5801. Eminent domain, right of, 2-2501. Freight and passenger tariffs, 2-2401, 2-2402. General Assembly powers as to, see General Assembly, post. Grant of powers, 2-1917. Insurance companies, 2-2901 to 2-2905. Legislation to enforce constitutional regulations, 2-2702. Local and private Acts, force of, 2-8004. Police power.abridgment of, 2-2502. Political divisions of State as stockholder, 2-5801. Railroads-- Freight and passenger tariffs, 2-2401, 2-2402. Rebates, 2-2402. Rebates, 2-2402. Regulations, constitutional, legislation to enforce, 2-2702. Special laws for benefit of, 2-2601. State as stockholder, 2-5604. Stock, subsidiary to domestic corporations, in corporations, 2-5404 Subsidiary corporations, common voting stock of, taxation of, 2-5404. Suspending or surrendering power to tax, 2-5401. i Corrections, Director of, see Prisons and prisoners, post. Corrections, State Board of, 2-3401. Corruption of blood, 2-203. CostsConviction of crime, 2-110. Court of Appeals, 2-3708, 2-5302. Pauper oath, 2-5302. Supreme Court, 2-5302. CottonBaled, taxation, exemption, 2-5404. Plants for manufacturing or processing, tax exemption, 2-5405. Counsel, benefit of, 2-105. Counties-- Actions by or against, 2-7801. Agricultural and home demonstration agents, taxation to pay, 2-5701. Airports, taxation to acquire and maintain, 2-5701. Apportionment of representatives, 2-1501, 2-1502. Appropriations for purposes other than charitable, 2-5801. Association, as stockholders in, 2-5801. Assumption of debts by State, 2-5605, Bodies corporate, 2-7801. Bonded indebtedness, 2-6001 et seq. Refunding bonds to pay or reduce. 2-6006, 2-6007. Tax levy to pay, 2-6002. Boundaries, 2-7801, 2-7808. Bryan. State Game and Fish Commission, citizen of county as member, 2-3301. CONSTITUTION OF STATE--Cont'd. Counties--Cont'd. Buildings, court of ordinary's power in relation to, 2-4102. Business licenses, 2-5701. Cam den-- Game and Fish Commission, citizen as member of, 2-3301. Clayton-- Public transportation of passengers for hire, 2-8601. Cobb-- Public transportation of passengers for hire, 2-8601. Commissioners, creation of, 2-5201. Consolidation, 2-7803 to 2-7805. Municipal governments, 2-7807. Contracts-- Hospitalization facilities, as to, 2-5901. With each other or with public agencies or authorities, 2-5901. Conveyance of existing facilities to public agencies or authorities, 2-5901. Corporate bodies, 2-7801. Corporations, as stockholders of, 2-5801. County site, change of, 2-7809. Credit, loan of, 2-5801. Debt- Additional debts authorized, when, 2-6003. Amount, limitation on, 2-6001. Assumption by State, 2-5605. Bonded indebtedness, payment, 2-6002, 2-6007. Referendum as to, 2-6001, 2-6003, 2-6005. Refunding bonds, 2-6006, 2-6007. Revenue anticipation obligations, 2-6005. Sinking funds for purpose of paying indebtedness, 2-5701, 2-6101. Taxation to pay, 2-5701, 2-6002. Temporary loans, 2-6004. DeKal re- public transportation of passengers for hire, 2-8601. Delegation of taxing power to, 2-5701. Dependent children, assistance to, 2-5701. Dissolution, 2-7805. Districts, taxing, 2-5703. Education-- Board-- Changes in law as to boards by referendum, 2-6802. Donations, bequests and grants to, 2-7402. Election, 2-6801. Gifts, acceptance of, 2-7402. Grants, 2-7402. Meetings, 2-7101. School superintendent, county, as executive officer, 2-6901. Workmen's compensation, providing, 2-5701. Tax, 2-5701,2-7501. Trustees of schools, 2-6801. Elections-- Dissolution or merger, 2-7805. Education, county boards of, 2-6801. Indebtedness of county, 2-6001, 2-6003, 2-6005. Officers of county, 2-7901. School superintendents, county, 2-6901. Eminent domain by, 2-5704 to 2-5706. Employees, pension, 2-5701. Fire protection, 2-5701, 2-5702. Fulton, see Fulton county, post. CONSTITUTION OF STATE-Cont'd. Counties--Cont'd. General Assembly-- Apportionment of representatives in, 2-1501,2-1502. Funds provided county where land belonging to State from which county receives no taxes, 2-5401. Glynn-- State Game and Fish Commission, citizen of county as member, Government, uniformity of, 2-7806, 2-8301. Gwinnett-- Public transportation of passengers for hire, 2-8601. Home rule, 2-8301, 2-8401 et seq. See Home rule, post. Hospitalization facilities, contracts with public agencies or authorities, 2-5901. Immunity, waiver of, 2-5902. Improvements, construction and maintenance, 2-5702. Initiative, referendum and recall, system of, 2-8301. Investments, sinking funds, 2-6101. Improvements, construction and maintenance, 2-5702. Liability insurance, 2-5902. Lines, boundary, changing, 2-7808. Loan of credit, 2-5801. Local and private Acts, force of, 2-8004. Mclntosh-- State Game and Fish Commission, citizen of county as member, 2-3301. Merger, 2-7804, 2-7805. Metes and bounds, 2-7801. New, 2-7803. Number, 2-7802. Officers-- Compensation, 2-7902. Court of ordinary's powers in relation to, 2-4102. Election, 2-7901. Eligibility, 2-7901. Pensions for, 2-5701. Recall, 2-8301. Removal, 2-7901. Term of office, 2-7901. Uniformity, 2-7806. Pensions-- Officers and employees, 2-5701. Teachers, 2-5502. Planning laws, zoning and, 2-1923. Police, taxation to pay, 2-5701. Powers and limitations, 2-7801. Public utilities, regulation of, 2-2401. Referendum as to debt, 2-6001, 2-6003, 2-6005. Refunding bonds, 2-6006, 2-6007. Representatives in General Assembly, apportionment, 2-1501, 2-1502. Revenue anticipation obligations, 2-6001, 2-6005. Roads and revenues, commissioners of, 2-7806. Sanitation. 2-5702. School superintendent-- Change in law by referendum as to, 2-6902. Election, salary, etc., 2-6901. Senatorial districts, 2-1401. Sewerage, 2-5702. Sinking funds for purpose of paying indebtedness, 2-5701,2-6101. Site change, 2-7809. Slums, authority to clear, 2-8501. Stockholders of corporations as, 2-5801. INDEX CONSTITUTION OF STATE--Cont'd. Counties--Cont'd. Tax collectors, 2-7806. Tax commissioners, 2-7806. Tax receivers, 2-7806. Taxation, see Taxation, post. Taxing districts, 2-5703. Taxing power, 2-5701. Education tax, construction of law as related to, 2-5705. Limitation of, 2-5801. Schools, for, 2-7501. Teachers, pensions and retirement benefits, 2-5502. Temporary loans, 2-6004. Transit equipment, revenue anticipation obligations issued to purchase, 2-6005. Treasurer-- Abolition of office of, 2-7806. Compensation, fixing, 2-7806. Uniformity of government, 2-7806, 2-8301. Verdicts against, reduced to limitations of liability insurance, 2-5902. Waterworks, 2-5702. County commissioners, creation, power of General Assembly, 2-5201. County site change, 2-7809. Court of Appeals-- Affirmance of decision of trial court by nonprosecution of case at proper term, 2-3705. Bill of exceptions, delay in transmission, 2-3705. Certifying case, 2-3704, 2-3708. Certiorari to require certification of case from Court of Appeals, 2-3704. City courts, jurisdiction to correct errors of, 2-3708. Clerk, appointment, etc., 2-3708. Costs, 2-3708, 2-5302. Decisions of Supreme Court as precedents, 2-3708. Delay in transmitting record, effect, 2-3705. Dismissal of writ of error because of delay in transmission of bill of exceptions or record of cases, 2-3705. Disposition of cases, time within which to be made, 2-3705. Dockets, 2-3708. Equal division, transfer of case to Supreme Court, 2-3704, 2-3708. Hearing of cases in a body, 2-3708. Instructions from Supreme Court, 2-3708. Judges, 2-3708, 2-4701. Election, 2-3708. Eligibility requirements, 2-3708, 2-4801. Judgment withheld, when, 2-3706. Jurisdiction. 2-3708. Juvenile court decisions, review of, 2-3709. Reporter, 2-3708. Review of cases, 2-3704. Sessions, 2-3708. Sheriff, 2-3708. Supreme Court-- Certiorari by, 2-3704. Decisions as precedents 2-3708. Instructions from, 2-3708. Transfer of cases to or from, 2-3704, 2-3708. Term at which cases to be disposed of, 2-3705. Term to which cases returnable, 2-3708. Time for disposition of cases, 2-3705. Transfer of cases to or from Supreme Court, 2-3704, 2-3708. Writ of error, 2-3704, 2-3705, 2-3708. Court of ordinary, see Ordinaries, post. CONSTITUTION OF STATE--Cont'd. Courts, see particular headings. Abolition, 2-5301. Justice courts, 2-4201. City, see City courts, ante. Confirmation of proceedings, 2-8005. Contempt of, punishment, 2-120. Court of Appeals, see Court of Appeals, ante. Enumeration, 2-3601. Establishment, 2-4201. Expenses, taxation to pay, 2-5701. Justices of the peace, see Justices of the peace, post. Notaries public ex-officio justices of the peace, 2-4201,2-4301. Ordinaries, see Ordinaries, post. Police courts, jurisdiction, 2-4102. Proceedings confirmed, 2-8005. Right to, 2-104. Superior courts, see Superior courts, post. Supreme Court, see Supreme Court, post. Taxation for payment of expenses, 2-5701. Uniformity, 2-4201, 2-4401. Civil court of Fulton county as not subject to rule, 2-4201. Justices of the peace as not subject to rule, 2-4201. Venue, see Venue, post. Creameries, tax exemption of plants, 2-5405. Credit of counties, etc., loan for purposes other than charitable, 2-5801. Credit of State, loan forbidden, 2-5604. Creditor, concealment of property from, 2-206. C rime prevention, indemnification of persons for loss sustained in, 2-5402. Crimes-- Banishment as punishment for, 2-107. Benefit of counsel, 2-105. Commutation, 2-3011. Compulsory process to obtain testimony, 2-105. Conviction of, see Conviction of crime, ante. Copy of accusation, furnishing to accused, 2-105. Corruption of blood as punishment, 2-203. Costs on conviction of, 2-110. Cruel punishment, 2-109. Disfranchisement of persons convicted of certain, 2-801. Felonies, see Felonies, post. Forfeiture of estate by conviction, 2-203. Fraud, punishment, 2-206. Incrimination of self, 2-106. Involuntary servitude as punishment, 2-117. Jury as judges of law and facts in criminal cases, 2-201. Jury trial, 2-105,2-201. Libel, 2-201. Lobbying, 2-2.05. Lotteries, 2-204. Misdemeanors, ordinary's jurisdiction, 2-4102. New trials, 2-201. Pardons, 2-3011. Public and speedy trial, 2-105. Punishments, see Punishment, post. Banishment, 2-107. Corruption of blood, 2-203. Cruel and unusual, 2-109. Disfranchisement of person convicted. 2-801. Excessive fines, 2-109. Forfeiture of estates, 2-203. Fraud, 2-206. Involuntary servitude, 2-117. Office, ineligibility of convicted persons to hold, 2-801, 2-1001, 2-5606. Pardons, paroles, etc., 2-3011. CONSTITUTION OF STATE--Cont'd. Crimes--Cont'd. Suspension of death sentence, 2-3011. Unusual and cruel, 2-109. Whipping, 2-107. Reprieves, 2-301 1. Supreme Court's jurisdiction of cases involving conviction of capital felonies, 2-3704. Treason, 2-202. TrialJury, 2-105, 2-201. New trials, 2-201. Public and speedy, 2-105. Venue, 2-4906. Unusual punishment, 2-109. Venue of criminal case trials, 2-4906. Witnesses-- Confronting accused with, 2-105. List of, furnishing to accused, 2-105. Crimination of self, 2-106. Cruel and unusual punishment, 2-109. Curtailment of liberty of speech or press, 2-115. Debtor-- Concealment of property by, 2-206. Homestead, see Homestead, post. Debts- Assumption of, by State, 2-5605. Counties, of, see Counties, ante. General appropriation bill, 2-1909. Husband, liability of wife's separate estate, 2-2801. Imprisonment for, 2-121. Insurrection, incurred for purpose of suppressing, 2-5601, 2-5602, 2-5605. Invasion, for repelling, 2-5601, 2-5602, 2-5605. Municipal, see Municipal corporations, post. Political divisions of State, see Political Divisions of State, post. Public, interest on, 2-1909, 2-5501. Sinking fund, 2-5501. State-- Aid to individuals, corporations, or associations forbidden, 2-5604. Amount, 2-5601. Assumption of debts of counties, etc., 2-5605. Bonded debt-- Increase, 2-5602. Repayment of debt incurred during War between States, 2-5607. Sale of State's property to pay 2-5608. Borrowing money, 2-5601, 2-5603. Coastal Highway District assumption of debt, 2-5601. Counties, assumption of debts of, 2-5605. Credit of State, loan forbidden, 2-5604. Defense of State, for, 2-5601, 2-5602, 2-5605. Deficiencies in revenue, supplying, 2-5601. Form of laws to borrow money, 2-5603. Illegal bonds, appropriation to ' pay, 2-5607. Increase, 2-5601. Insurrection, in case of, 2-5601, 2-5602, 2-5605. Interest and principal of, payment 2-5601, 2-5609. Invasion, repelling, 2-5601, 2-5602, 2-5605. Investment of State, sinking fund, 2-5609. Laws authorizing borrowing of money, 2-5603. Limitation, 2-5601, 2-5602, 2-5605. Loans, repayment, 2-5601. Municipal corporations, assumption of debts of. 2-5601. INDEX CONSTITUTION OF STATE--Cont'd. Debts--Cont'd. State--Cont'd. Pledge of credit of State, 2-5604. Political divisions of State, assumption of debts of, 2-5601. Profit from loan of public funds, receiving by public officers, 2-5606. Purposes for which contracted, 2-5601. Sale of State's property to pay bonded debt, 2-5608. School teachers, payment of, 2-5601. Sinking fund, 2-5609. Temporary deficit in treasury, supplying, 2-5601. War between States, payment of obligations created by State during, 2-5607. Taxation for paying principal and interest on, 2-5501, 2-5609. War, incurred for, 2-5601, 2-5602, 2-5605. Wife's separate estate, liability for husband's debts, 2-2801. Defense by attorney at law" as right, 2-104. Defense of State, State debt for purpose of 2-5601, 2-5602, 2-5605. Defense, public-- Commander-in-chief of army, navy and militia, 2-3010. Compensation of officers and men in militia, 2-7703. Insurrection or invasion-- Reading of bills in General Assembly dispensed with in case of, 2-1907. State debt in case of, 2-5601, 2-5602, 2-5605. Taxation for purpose of suppressing, 2-5402,2-5501,2-5601. Organization of militia, 2-7701. Volunteer militia companies, 2-7702, 2-7703. Deficiencies in revenue, supplying, 2-5601. Deficit, State debt supplying temporary, 2-5601. DeKalb county-- Public transportation of passengers for hire, 2-8601. Delegation of taxing power to counties, 2-5701. Denominations of religionists, appropriations to, 2-114. Dental Education Board, creation, 2-5402. Dependent children, taxation for assistance to, 2-5501,2-5701. Development Authorities-- Creation of, 2-6005.1. Disabled veterans, tax exemption, 2-5404. Discrimination in public utility tariffs and charges, 2-2401. Disfranchisement of persons convicted of crime, 2-801. Disorderly conduct of members of General Assembly, punishment, 2-1901, 2-1902. Disqualification to hold office by conviction of crime, 2-801, 2-5606. Dissolution of counties, 2-7805. District attorneys-- Duties, 2-4602. Elections, 2-4601. Eligibility requirements, 2-4801. Fees, 2-4702. Fines and forfeitures, disposition of, 2-4702. Information, supplying at request of Governor, 2-3017. Juvenile court decisions, duties as to review of, 2-3709. Number, 2-4601. Qualifications, 2-4801. Salary, 2-4701,2-4702. Solicitor general, title of officer changed from, 2-4601. CONSTITUTION OF STATE--Cont'd. District attorneys--Cont'd. Statutes, use of words "district attorney" in, 2-4603. Suspension, 2-3017. Term of office, 2-4601. Vacancies in office, 2-4601. Districting territory of counties, 2-5702. Districts, senatorial, 2-1401. Divorce-- Jurisdiction-- Superior court, 2-3901. Supreme Court, 2-3704. Military reservations, suits by residents of, venue, 2-4901. United States Army post of military reservation, place of suit by resident of, 2-4901. Venue, 2-4901. Docks, taxation to construct and maintain, 2-5501. Due process of law, 2-103. Education-- Borrowing by State to pay public school teachers, 2-5601. Colored persons, facilities for, 2-6401. Common schools, 2-6401. Compulsory school attendance law, jurisdiction of court of ordinary of cases arising under, 2-4102. County boards of, see Counties, ante. County system of public schools, 2-6801. County taxation for, 2-7501. Direct grants to citizens, 2-7502. Free tuition, 2-6401. Freedom from compulsory association, 2-7503. General appropriation bill, 2-1909. Gifts to independent school systems, 2-7402. Grants, 2-5402, 2-7401, 2-7402, 2-7502. Higher education, loans for, 2-5402. Independent school systems, see Schools, post. Local school systems, 2-7301. Medical, 2-5402. Municipal corporations, support of schools by, 2-5801,. Protection of school systems established prior to Constitution of 1877, 2-7301. Races separated in schools, 2-6401. Regents, board of, see University of Georgia, post. Scholarship Commission, State, 2-5402. School Superintendent, State, see School Superintendent, State, post. Schools, see Schools, post. Separation of races in schools, 2-6401. State Board of-- Appointment of members, 2-6501. Congressional districts, appointment of members from, 2-6702. Creation, 2-6501. Donations, authority to accept, 2-7401. Duties and powers, 2-6501. Eligibility for membership, 2-6501. Governor excluded from membership, 2-6501. Information, giving at Governor's request, 2-3017. Personnel, 2-6501. Powers and duties, 2-6501. School Superintendent, State, eligibility of member to be, 2-6601. Senate, confirmation of appointments by, 2-6501. Suspension, 2-3017. Terms of office, 2-6501. Vacancies in office, 2-6501. Student loans, 2-5402. Taxation, see Taxation, post. CONSTITUTION OF STATE--Cont'd. Education--Cont'd. Teachers-- Borrowing by State to pay, 2-5601. Retirement system, power to tax for, 2-5502. Trustees of schools in county system, 2-6801. Tuition, free, 2-6401. University of Georgia, 2-6701, 2-7401. See University of Georgia, post. Educational institutions, taxation exemption of property held in trust for, 2-5404. Educational scholarships, appropriation of funds to be used to obtain funds from Federal Government for, 2-5402. Elections-- Age of voters, 2-702, 2-704. Agriculture, Commissioner of, 2-3101. Amendments, 2-8101, 2-8102, 2-8401. Appeal from decision of registrars, 2-705, 2-706. Arrest of electors, exemption, 2-901. Attorney General, 2-3101, 2-4501. Ballots, 2-701. Bribery, disfranchisement of persons convicted of, 2-801. Character of electors, 2-704. Comptroller General, 2-3101. Consolidation of counties, referendum, 2-7804. Constitution-- Ability of electors to read or interpret, 2-704. Amendments, admission to popular vote, 2-8101,2-8102, 2-8401. Ratification of, 2-8101, 2-8401. Convicts disqualified to vote, 2-801. Counties-- Dissolution or merger of, 2-7805. Education boards, 2-6801. Indebtedness of, 2-6001, 2-6003, 2-6005. Officers of, 2-7901. School superintendents, 2-6901. Court of Appeals Judges, 2-3708. Crimes involving moral turpitude, 2-801. Debts of counties, municipalities, or political divisions of State, 2-6001, 2-6003, 2-6005. Disfranchisement of persons convicted of crime, 2-801. Disqualification to hold office, 2-1001. Dissolution or merger of counties, 2-7805. Eligibility requirements, 2-702, 2-704. Embezzlement, disfranchisement of persons convicted of, 2-801. English language, ability of electors to read, 2-704. Executive officers of State, 2-3001 to 2-3005,2-3101. Exemption of electors from arrest, 2-901. General Assembly, see General Assembly, post. By, 2-2201. Members, 2-1602, 2-1901. Good character of electors, 2-704. Governor, see Governor, post. Contests, 2-3005. Places, 2-3002. Returns, 2-3003. Special elections, filling unexpfred term, 2-3008. Successor, for unexpired term, 2-3007, 2-3008. Time, 2-3002. Idiots, disqualification to vote, 2-801. Initiative, referendum and recall, duty of General Assembly to provide systems of, 2-8301. INDEX CONSTITUTION OF STATE--Cont'd. Elections--Cont'd. Insane persons disqualified to vote, 2-801. Interpretation of Constitution, ability of electors to give, 2-704. Intoxicating liquors, sale on election days, 2-1101. Labor, Commissioner of, 2-3101. Larceny, disfranchisment of persons convicted of, 2-801. Liquor furnished on day of, 2-1101. Malfeasance in office, disfranchisement of persons convicted of, 2-801. Marines in service of United States as electors, 2-702. Military service, participation by voters in, 2-702. Municipal indebtedness, submission to popular vote, 2-6001, 2-6003, 2-6005. Pardon of convict, as restoring right to vote, 2-801. Persons entitled to vote, 2-702 to 2-704. Political divisions of State, submission of indebtedness to popular vote, 2-6001 to 2-6003, 2-6005. Precincts for voting, grant of power to change, 2-1917. Primary, persons entitled to vote at, 2-702 to 2-704. Privilege of electors, 2-901. Public Service Commission, 2-2703. Qualifications of voters, 2-701 to 2-706, 2-801. Ratification of Constitution, 2-8401. Reading paragraph of Constitution, ability of elector as to, 2-704. Referenda-- Constitutional amendments, 2-8101, 2-8102, 2-8401. County government system, inclusion in, 2-8301. County site, change of, 2-7809. Debt of counties, municipalities and political divisions of State, incurring, 2-6001, 2-6002,2-6005. Municipal government system, inclusion in, 2-8301. Registrars, appeals from decision of, 2-705, 2-706. Registration of voters, 2-701 to 2-706, 2-801,2-6001. Residence of voters, 2-703, 2-704. Returns, 2-1201. Executive officers of State, election of, 2-3003, 2-3101. Sailors in United States naval service as electors, 2-702. Sale of liquor on election days, 2-1101. Schools, county superintendents of, 2-6901. Secretary of State, 2-3101. School Superintendent, State, 2-3101. Soldiers as electors, 2-702. Solicitors general, 2-4601. Superior court judges, 2-3801 to 2-3803. Supreme Court Justices, 2-3701, 2-3703. Systems of initiative, referendum and recall, duty of General Assembly to provide, 2-8301. Treason, disfranchisement of persons convicted of, 2-301. Treasurers, State, 2-3101. United States-- Constitution, ability of electors to read, 2-704. Soldiers, sailors, or marines as electors, 2-702. CONSTITUTION OF STATE--Cont'd. Elections--Cont'd. Voters-- Age qualifications, 2-702. Arrest, privilege from, 2-901. Disfranchisement, 2-801. Qualifications, 2-701 to 2-706, 2-801. Registration, 2-701 to 2-706, 2-801, 2-6001. Residence of, 2-703, 2-704. Soldiers, sailors, and marines stationed in Georgia as, 2-702. Write-in votes, requirements as to, 2-1201a. Writing paragraph of Constitution, ability of electors as to, 2-704. Writs of, issuance by Governor, 2-3012. Elective franchise, 2-701 to 2-706. Elective officials, manner of changing salaries, 2-2301. Electors-- Aresst of, 2-901. Character of, 2-704. Eligibility requirements, 2-702, 2-704. Marines, 2-702. Electric membership corporations, exemption from taxation, 2-5404. Electricity, tax exemption of plants producing, 2-5405. Eligibility requirements, 2-702, 2-704. Agriculture, Commissioner of, 2-3 104. Attorney General, 2-3104, 2-4801. Comptroller General, 2-3 104. Court of Appeals Judges, 2-3708, 2-4801. Education, State Board of, 2-6501. Electors, 2-702, 2-704. General Assembly, members of, 2-1606, 2-1701,2-1801. Governor, 2-3006. Judges, 2-3708,2-4801. Labor, Commissioner of, 2-3 104. School Superintendent, State, 2-3104. Secretary of State, 2-3104. Solicitors general, 2-4801. Superior court judges, 2-4801. Supreme Court Justices, 2-4801. Treasurer, State, 2-3104. Embezzlement-- Disfranchisement of persons convicted of, 2-801. Office, holding of, by convicted persons, 2-801. Emergency-- Enemy attack, continuity of government in case of, 2-1926. Extraordinary session, General Assembly in, see General Assembly, post. Eminent domain-- Abridgement of right of, 2-2501. Compensation for property taken, necessity, 2-301. Counties, 2-5704 to 2-5706. Just compensation, 2-301. Right of, 2-2501. Slum clearance and redevelopment, 2-8501. Transportation of passengers for hire, public, 2-8601, 2-8602. Employees of State-- Civil service, equal preference to war veterans, 2-1924. Merit system for, 2-8201, 2-8202. Personnel Board, State, membership, 2-8201. Retirement system, 2-8202. Taxation to extend benefits to, 2-5501. Employees, public, salary change, 2-2301. Enactment of laws, see Acts and resolutions of General Assembly, ante. CONSTITUTION OF STATE--Cont'd. Endowments-- Institutions established for white or colored people, use by, 2-5404. Tax exemption of funds and property of colleges, etc., 2-5404. Enemies of State, aid and comfort to, 2-202. Enemy attack, continuity of government in case of, 2-1926. English language, ability of electors to read, 2-704. Engrossment of bills, reading affected by, 2-1907 Enumeration of rights as not denial of others, 2-502. Equal protection of laws, 2-102. Equity-- Jurisdiction, 2-3704, 2-3901, 2-3902. Superior courts, 2-3902. Supreme Court, 2-3704. Venue of suits in, 2-4903. Estate, forfeiture of, by conviction of crime, 2-203. Evidence-- Compulsory process to obtain, 2-105. Confessions, conviction oi treason on, 2-202. Confrontation of accused with witnesses, 2-105. Incrimination of self, 2-106. Treason case, 2-202. Truth in libel prosecutions, 2-201. Ex post facto laws, 2-302. Excessive bail or fines, 2-109. Executive Department of State, see Agriculture, Commissioner of, ante; Attorney General, ante; Comptroller General, ante; Governor, post; Lieutenant Governor, post; Labor, Commissioner of, post; School Superintendent, State, post; Secretary of State, post; and Treasurer, State, post. Attorney General legal adviser to, 2-4502. Authority and duties, power of General Assembly to prescribe, 2-3102. Bonds of officials, 2-3101. Commission of officers by Governor, 2-3101. Comptroller General, 2-3001. Election of officers, 2-3101. Expenses, 2-1909, 2-3102. Fees and perquisites of officers, 2-3105. Governor, see Governor, post. Great seal, 2-3201. Information, supplying to Governor, 2-3017. Legal adviser, Attorney General as, 2-4502. Profit from use of public money, 2-3103. Qualifications of officers, 2-3 104. Salaries of officers, power of General Assembly to prescribe, 2-3102. Seal, 2-3201. Suspension of officers, 2-3017. Terms of office, 2-3101. Traveling expenses of officers, 2-3105. Vacancies in office, filling, 2-3013. Executive powers-- Judicial power as separate from, 2-123. Legislative and judicial powers as separate 2-123. Lieutenant Governor, 2-3007. Vested, where, 2-3001. Exemptions-- Arrest, from-- Electors, 2-901. General Assembly members, 2-1903. Homestead, 2-7601, 2-7602. Levy and sale under process, 2-7601, 2-7602. Taxations, 2-5404, 2-5405. INDEX CONSTITUTION OF STATE--Cont'd. Expense s-- Counties-- Taxation to pay, 2-5701, 2-5702. Temporary loans to pay, 2-6004. Executive Department of State, 2-1909, 2-3102. Game and Fish Commission, State, 2-3301. General Assembly members, 2-2101. Judicial Department, general appropriation bill, 2-1909, Judiciary, appropriation, 2-1909. Legislative Department, general appropriation bill, 2-1909. Municipalities, temporary loans to pay, 2-6004. Political division of State, temporary loans to, pay, 2-6004. Express companies, charter, 2-1917. Extra compensation, grant to contractor by General Assembly after contract entered into, 2-5402. Extraordinary remedies, jurisdiction of cases involving, 2-3704. Extraordinary session of General Assembly, see General Assembly, post. Family, head of, 2-7601, 2-7602. Farms, taxation and homestead exemptions, 2-5404. Federal Constitution-- Ability of electors to read, 2-704. Jurisdiction of Supreme Court of cases involving construction of, 2-3704. Supreme law of State, 2-8001. Federal-aid funds, appropriation, 2-6202. Fees, see Compensation and fees, ante. Felonies-- Capital-- Attorney General, duty to represent State in Supreme Court, 2-4502. Supreme Court, jurisdiction of cases, 2-3704. Privilege from arrest-- Electors, 2-901. General Assembly members, 2-1903. S u p re me Court, jurisdiction of cases, 2-3704. Ferries-- Court of ordinary's powers in relation to, 2-4102. Establishment, 2-1917. Fines-- Disposition of fines accruing to office of solicitor general, 2-4702. Excessive, 2-109. General Assembly, disorderly conduct of members of, 2-1901. Solicitor general, disposition of fines accruing to office, 2-4702. lire insurance companies-- Charter, 2-1917. Nonresident, 2-2902, 2-2904, 2-2905. Resident-- Deposits for security of pohcyholders, 2-2904. Grant of charters, to, 2-19)7. Reports to Comptroller General, 2-2905. Fire protectionCounties, 2-5701, 2-5702. Forest lands, taxation to provide, 2-5701. Firemen, pensions for, taxation, 2-5505. Fires, county tax for protection of forest lands against, 2-5701. Fish and seafood, promotion of, 2-5501.1. Fish Commission, see Game and Fish Commission, State, post. Foreign corporations, exemption of common voting stock of subsidiary from taxation, 2-5404. CONSTITUTION OF STATE--Cont'd. Foreign fire insurance companies-- Deposit for security of pohcyholders, 2-2904. License to do business in State, 2-2902. Reports to Comptroller General, 2-2905. Forest lands, county tax for fire protection of, 2-5701. Forfeiture-- Corporation charter, 2-2601. Estate, of, by conviction of crime, 2-203. Solicitor general, disposition of those accruing to office of, 2-4702. Formerjeopardy, 2-108. Foundation of government, 2-101. Franchises-- Eminent domain, 2-2501. Grant, irrevocable, prohibited, 2-302. Fraud, power to provide punishment for, 2-206. Freedom-- Compulsory association, from, 2-7503. Conscience, of, 2-112. Press, 2-115,2-1903. Religious opinion, of, 2-113. Speech, 2-115,2-1903. Freight tariffs, regulation, 2-2401. Fulton county-- Civil court of, jurisdiction. 2-4201. Furniture, tax exemption, 2-5404. Future operation of laws, 2-302. Game and Fish Commission, State-- Confirmation of appointments by Senate, 2-3301. Creation, powers, etc., 2-3301. Duties, 2-3301. Employees' retroactive pay raise, taxation for, 2-5402. Expenses, 2-3301. Governor, appointment of members by, 2-3301. Information, giving at Governor's request, 2-3017. Members, 2-3301. Powers and authority, 2-3301. Suspension, 2-3017. Terms of members, 2-3301. Vacancies, 2-3301. General appropriation bill, 2-1909, 2-6201, 2-6202. General Assembly, see Acts and resolutions of General Assembly, ante; Statutes, post. Acts, see Acts and resolutions of General Assembly, ante. Adjournment of sessions, 2-1603, 2-1604, 2-1922. Amendment of Constitution, 2-8101 to 2-8103. Appointment of members to office, 2-1606. Apportionment of representatives, 2-1501, 2-1502. Appropriations, see Appropriations, ante. Arms, prescribing manner of bearing, 2-122. Army officers, eligibility to membership, 2-1606. Arrest, privilege of members, 2-1903. Banks, grant of charters to, 2-1917. Bearing arms, prescribing manner of, 2-122. Biennial sessions, 2-1603. Bills, see Acts and resolutions of General Assembly, ante. Appropriation, see Appropriations, ante. Amendment, 2-1910. Contents and scope of general appropriation bill, 2-1909, 2-6201. CONSTITUTION OF STATE--Cont'd. General Assembly--Cont'd. Bills--Cont'd. Appropriation--Cont'd Draft and submission of general appropriation bill by Governor, 2-6201. Law, requirement that appropriations be made by, 2-1911. Origin in House of Representatives, 2-1910. Separate bills required, when. 2-1909. Specific sums, requirement as to, 2-6204. Supplementary, 2-6203. Veto by Governor, 2-3015. Void, when, 2-6205. Yeas and nays on passage, 2-1912. Approval or veto by Governor, 2-3015. Engrossment, 2-1907. Local laws-- Notice of intention to apply for 2-1915. Reading, 2-1907. Majority vote to pass, 2-1914. Reading, 2-1907. Reintroduction after rejection, 2-1913. Revenue, 2-1909 to 2-1912, 2-3015. Signing, 2-1913, 2-3015. Special laws, 2-401. Corporations, benefit of, 2-2601. Notice of intention to apply for, 2-1915. Time of signing, 2-3015. Title, reading, 2-1907. Bridges, power to establish, 2-1917. Budget, Governor's message, 2-6201. Business-- Adjourned session, consideration at, 2-1603. Quorum required for transaction of, 2-1604. Canal companies, grant of charters to, 2-1917. Change name of illegitimate child, 2-1917. Citizens, protection of, in their immunities and privileges, 2-125. Clerk of House of Representatives, 2-2001. Commutation of sentence for treason, power as to, 2-3011. Compensation-- Members, 2-2101. Extraordinary sessions, 2-3012. Public officers, grant of extra compensation to, 2-5402. Comptroller General, prescribing duties and authorities of, 2-3 102. Consent to adjournments, 2-1922. Consolidation of city and county governments, providing for, by general law, 2-7807. Constitution, amendment of, 2-8101. Constitutional convention, calling, 2-8102. Contracts to defeat competition, power to authorize, 2-2701. Corporations-- Charters, alteration, amendment, or forfeiture of, 2-2601. Contracts lessening competition, power to authorize, 2-2701. Creation, 2-1917. Eminent domain, abridgement of right of, etc., 2-2501. Laws for benefit of, passage, 2-2601. Monopolies, authorizing agreements encouraging, 2-2701. Police powers, abridgement of exercise of, 2-2502. Regulatory laws, 2-2702. INDEX CONSTITUTION OF STATE--Cont'd General Assembly--Cont'd. Counties, see Counties, ante. Apportionment of representatives, 2-1502. Senatorial districts, 2-1401. County commissioners, creation of, 2-5201. County representation, 2-1501, 2-1502. County sites, change, 2-7809. County treasurer-- Abolition of office of, 2-7806. Compensation, fixing, 2-7806. Court of Appeals, enactment of laws as to-- Hearing of cases in a body, 2-3708. Review of cases, 2-3704. Courts, abolition of, 2-5301. Debtor's concealed property, power as to reaching, 2-206. Disorderly conduct of members, punishment, 2-1901. Disqualification of members by removal from district, 2-1607. Division of regular session, 2-1603. Donations, grant of, 2-5402. Election by General Assembly-- Governor, 2-3004. Place of meeting, 2-2201. Viva voce vote, 2-2201, 2-3004. Election of members-- Judge of, 2-1901. Returns of elections to Secretary of State, 2-1201. Time, 2-1602. Election precincts, making or changing, 2-1917. Elective public officers, power to change, salaries, 2-2301. Eligibility to hold seat in, 2-1606, 2-1701, 2-1801. Eminent domain, abridgement of right, 2-2501. Enactment of laws, see Acts and resolutions of General Assembly, ante. Engrossment of bills, 2-1907. Executive Department of State-- Authority and duties, prescribing, 2-3102. Salaries of officers, prescribing, 2-3102. Executive power as separate from legislative, 2-123. Expenses, appropriation, 2-1909. Expenses of members, 2-2101. Express companies, grant of charters to, 2-1917. Expulsion of members, 2-1901. Extra compensation of public officers, grant, 2-5402. Extraordinary session, calling- Constitutional provisions, 2-1603, 2-3012. Emergency-- Declaration by legislators, duty of Governor, 2-3012. Length of session, effect of provision limiting, 2-1603. Per diem and mileage of members of General Assembly, 2-2101, 2-3012. Time limit of session, 2-3012. Ferries, power to establish, 2-1917. Fines for disorderly conduct of members, 2-1901. Fraud, power to provide punishment for, 2-206. General appropriation bill, 2-1909, 2-6201,2-6202. Gifts, grant of, 2-5402. Governor, see Governor, post. Convoking General Assembly, 2-1603. Reports as to pardons, reprieves, etc., 2-3001. Salary, vote changing, 2-3001. CONSTITUTION OF STATE--Cont'd. General Assembly--Cont'd. Governor's message, budget, 2-6201. Gratuities, grant of, 2-5402. Great Seal of State, order as to affixing, 2-3201. Homestead, authority to provide manner of exemption, 2-7601. House of Representatives-- Adjournments, 2-1604, 2-1922. Apportionment of members, 2-1501, 2-1502. Appropriation bills to originate in, 2-1910. Arrest of members, privilege, 2-1903. Censure of members, 2-1901. Change of apportionment, 2-1502. Clerk, 2-2001. Compensation of members, 2-2101. Contempts, 2-1902. Disorderly behavior, 2-1901, 2-1902. Disqualification of members by removal from county from which elected, 2-1607. Election or appointment of members to another office, 2-1606. Eligibility to hold seat in, 2-1606, 2-1801. Enactment of laws, see Acts and resolutions of General Assembly, ante. Expulsion of members, 2-1901. Impeachment powers, 2-1803. Journals-- Elections, entry of vote, 2-2201. Keeping, duty as to, 2-1904. Preservation after publication, 2-1905. Publication, 2-1904. Yeas and nays, entry, 2-1906, 2-1912 2-1919, 2-2201,2-8401. Judge of election of members, 2-1901. Legislative power, 2-1301. Number of members, 2-1501, 2-1502. Oath of office of members, 2-1605. Officers enumerated, 2-1802, 2-2001. Presiding officer, 2-1802. Privilege of members from arrest, 2-1903. Qualifications of members, 2-1606, 2-1801. Quorum, 2-1604. Speaker-- Compensation, 2-2101. Election, 2-1802. Executive powers of government, exercise of, 2-3007. Presiding officer, 2-1802. Pro tempore, 2-2001, 2-2101. Signing of bills, 2-1913. Succeeds Lieutenant Governor, when, 2-3007. Term of office of members, 2-1601. Vacation of seat on removal of member from county, 2-1607. Ways and Means Committee, joint sessions with Senate Finance Committee, 2-1910, note. Immunities of citizens, duty to protect, 2-125. Impeachment trial, length of session, 2-1603. Imprisonment of members for disorderly conduct, 2-1901. Insurance, companies, grant of charters to, 2-1917. Intoxicating liquor, punishment for selling on election days, prescribing, 2-1101. Invasion, reading of bills dispensed with in case of, 2-1907. Joint sessions of Senate and House of Representatives, 2-2201, 2-3004, 2-3005. CONSTITUTION OF STATE--Cont'd. General Assembly--Cont'd. Journals-- Duty to keep, 2-1904. Place of preserving, 2-1905. Publication, 2-1904. Yeas and nays, entry, 2-1906, 2-1912, 2-1919,2-2201,2-8401. Judicial power to separate from legislative, 2-123. Jury-- Compensation, prescribing, 2-5103. Number of jurors, prescribing, 2-5101. Selection of jurors, providing for, 2-5102. Justices of the peace, eligibility to membership, 2-1606. Laws, see Acts and resolutions of General Assembly, ante. Legislative power, where vested, 2-1301. Length of sessions, 2-1603. Lobbying, 2-205. Local bills-- Force of, 2-8004. Notice of intention to introduce, 2-1915. Reading, 2-1907. Local legislation, necessity for notice of intention to ask, 2-1915. Lotteries, enactment of penal laws relating to, 2-204. Maintenance expenses of members, 2-2101. Majority-- Passage of bills, 2-1914. Repassage of bills over Governor's veto, 2-3015. Meetings-- Adjournments, 2-1603, 2-1604. Biennial sessions, 2-1603. Extraordinary sessions, 2-1603, 2-1604. Joint sessions of Senate and House of Representatives, 2-2201, 2-3004, 2-3005. Time and place, 2-1603. Merit systems of county and municipal government, duty to provide, 2-8301. Messages to, from Governor, 2-3012. Mileage of members, 2-2101, 2-3012. Extraordinary emergency session, 2-3012. Military officers, eligibility to membership, 2-1606. Militia, providing for organization, 2-7701, 2-7702. Municipal zoning and planning laws, power to grant authority to enact, 2-1923. Names of legitimate children, changing, 2-1917. Navigation companies, grant of charters to, 2-1917. Notice of local legislation, 2-1915. Oath or affirmation of members, 2-1605. Officers of, enumeration, 2-1702, 2-1802, 2-2001. Officers, public, salaries, change of, 2-2301. Pardon of person convicted of treason, 2-3001. Pay of members, 2-2101. Per diem of members, 2-2101, 2-3012. Extraordinary session, attending, 2-3012. Place of holding joint session, 2-2201. Planning laws, grant of authority to enact, 2-1923. Police powers, abridgement of exercise of, 2-2502. Powers, 2-1920. President of Senate, see Senate, post. Privilege of citizens, duty to protect, 2-125. INDEX CONSTITUTION OF STATE--Cont'd. General Assembly--Cont'd. Property concealed by debtor, providing by law for reaching, 2-206. Proposal of bill or resolution once rejected by General Assembly, 2-1913. Public money, profit on, by members, 2-5606. Public utilitiesCharges and rates, regulation, 2-2401. Rebate and bonuses, penalizing, 2-2402. Publication-- Legislative journals and laws, 2-1904. Notice of intention to apply for passage of local or special bill, 2-1904. Quorum of members, 2-1604. Railroads-- Discrimination by, prohibiting, 2-2401. Freights and tariffs, regulation of, 2-2401. Grant of charters to, 2-1917. Recognizances, relief of principals or sureties, 2-1918. Removal of members from district or county from which elected, effect, 2-1607. Reprieve of persons convicted of treason, 2-3011. Rescue attempted of those arrested by order of, 2-1902. Resignation of members as condition precedent to appointment to office by Governor, 2-1606. Resolutions-- Approval or disapproval by Governor, 2-3016. Reintroduction after rejection, 2-1913. Roads and revenues, commissioners of, providing for, 2-7806. Salaries of elective officials, power of General Assembly to change, 2-2301. Sale- Intoxicating liquors on election days, prescribing punishment, 2-1101. State property, authorizing, 2-5608. Secretary of Senate, 2-2001. Senate-- Adjournments, 2-1604, 2-1922. Amendment of bills, proposing or concurring in, 2-1910. Arrest of members, exemption, 2-1903. Censure of members, 2-1901. Compensation of members, 2-2101. Confirmation by-- Board of Regents of University System, 2-6701. Reappointment of person rejected by Senate, 2-3014. State Board of Corrections, 2-3401, State Board of Education, 2-6501. State Board of Pardons and Paroles, 2-3011. State Board of Veterans Service, 2-3501. State Game and Fish Commission, 2-3301. State Personnel Board, 2-8201. Veterans Service Board, 2-3501. Contempts, 2-1902. Disorderly behavior, 2-1901, 2-1902. Disqualification of member by removal from district from which elected, 2-1607. Districts, enumeration, 2-1401. Eligibility to hold seat in, 2-1606, 2-1701. Expulsion of members, 2-1901. Impeachments, trial and judgment, 2-1703 to 2-1705. CONSTITUTION OF STATE--Cont'd. General Assembly--Cont'd. Senate--Cont'd. Journals-- Keeping, duty as to, 2-1904. Preservation after publication, 2-1905. Publication, 2-1904. Yeas and nays, entry, 2-1906. 2-1912, 2-1919, 2-8401. Judge of election of members, 2-1901. Judgments in impeachments, 2-1705. Legislative power, 2-1301. Number of Senators, 2-1401. Oath of office of members, 2-1605. Officers enumerated, 2-2001. President of, 2-1702, 2-3007. Compensation, 2-2101. Election, 2-1702. Executive powers of government, exercise of, 2-3007. Lieutenant Governor, 2-3007. Presiding officer, 2-1702, 2-3007. Joint session of Senate and House of Representatives, 2-2201. Pro tempore, 2-1702, 2-2001, 2-2101. Presiding officers, 2-1702, 2-3007. Joint session of Senate and House, 2-2201. Signing bills, 2-1913. Privilege of members from arrest, 2-1903. Qualifications of members, 2-1701. Quorum, 2-1604. Secretary, 2-2001. Senatorial districts, 2-1401. Term of office for members, 2-1601. Treason trials, continuance of session in case of, 2-1603. Vacation of seat on removal of member from district from which elected, 2-1607. Sessions-- Adjournments, 2-1603, 2-1604. Begin, when, 2-1603. Extraordinary, 2-1603, 2-3012. Length, 2-1603. Reconvening in regular session, time, 2-1603. Sinking fund, raising by taxation, 2-5609. Slum clearance, authorizing, 2-8501. Solicitors general, abolishing fees of, 2-4702. Speaker of House of Representatives, see House of Representatives, ante. Special legislation, 2-401, 2-2601. Special sessions, authority of Governor to call, 2-3012. Speeches by members, privilege, 2-1903. Statutes of, see Acts and resolutions of General Assembly, ante. Street passenger railways, authorizing construction, 2-1925. Supreme Court, enactment of laws regulating review of cases, etc., 2-3704. Suspension of constitutional officer of department head, 2-3017. Systems of initiative, referendum and recall, duty to provide, 2-8301. Tax defaulters as ineligible to membership, 2-1606. Taxation, see Taxation, post. Amount of levy, 2-5402. Classification of property for, 2-5403. Exemptions, power as to, 2-5404. Limiting or restraining right, 2-5401. Public debt, payment of, 2-5609. Public utility tax returns, providing method, 2-5504. Purposes for which power exercised, 2-5501. Teachers pensions, payment of. 2-5502. 11 CONSTITUTION OF STATE--Cont'd. General Assembly--Cont'd. Telegraph companies, grant of charters to, 2-1917. Terms of office of members, 2-1601. Treasurer, county- Abolition of office of, 2-7806. Compensation, fixing, 2-7806. Uniformity of practice, etc., in courts, establishment of, 2-4401. Vacancy in office-- Creation of, 2-1607. Writ of election to fill, issuance by Governor, 2-3012. Veto of legislation by Governor, 2-3015. Void bonds of State, appropriations to pay, 2-5607. Zoning laws, grant to counties and municipalities of authority to enact, 2-1923. General laws-- Special law, enactment prohibited where general law exists, 2-401. Taxes, levy and collection, 2-5403. Uniformity of operation, 2-401. Variance by special legislation, 2-401. Georgia, see State of Georgia, post. GiftsCounty boards of education, acceptance by, 2-7402. Education, county boards of, acceptance, 2-7402. Education, State Board of, acceptance by, 2-7401. General Assembly, grant by, 2-5402. Grant by General Assembly, 2-5402. Independent school systems, acceptance by, 2-7402. University System, Board of Regents of, acceptance by, 2-7401. Glynn county-- State Game and Fish Commission, citizens of county as member, 2-3301. God, worship of, 2-112, 2-1 13. Government-- County and municipal government, uniform systems, 2-8301. Governmental rights of people, 2-501, 2-502. Initiative, referendum, and recall in county and municipal government. 2-8301. Internal, regulation by people of State, 2-501. Origin and foundation of, 2-101. Protection to person and property as duty of, 2-102. Uniform systems of plans of county and municipal government, 2-8301. Governmental rights of people of State, 2-501,2-502. Governor-- Adjournment of General Assembly by, 2-1922. Age, eligibility requirement, 2-3006. Agriculture, Commissioner of, commission of, 2-3101. Appointments by-- Board of Regents of University System, 2-6701. Corrections, State Board of, 2-3401. Court of Appeals Judges, 2-3708. Education, State Board of, 2-6501. Game and Fish Commission, State, 2-3301. General Assembly member, to office, 2-1606. Pardons and Paroles, State Board of, 2-3011. Personnel Board, State, 2-8201. Reappointment of persons rejected by Senate, 2-3014. INDEX CONSTITUTION OF STATE--Cont'd. Governor--Cont'd. Appointments--Cont'd. Solicitors general, 2-4601. Superior court judges, 2-3803. Supreme Court Justices, 2-3703. University System, Board of Regents, 2-6701. Vacancies in offices, filling, 2-3013. Veterans Service, members and officers of State Board of, 2-3501. Appropriation bills-- Approval or disapproval, 2-3015, 2-6203. Draft of, submission to General Assembly, 2-6201. Approval or disapproval of acts and resolutions, 2-3015, 2-3016, 2-6203, 2-8103. Attorney General, requiring to represent State in civil or criminal cases, 2-4502. Bills of General Assembly, time within which to sign, 2-3015. B udget message to General Assembly, 2-6201. Citizenship, eligibility requirement, 2-3006. Clemency, powers of, 2-3011. Commander-in-chief of army, navy, and miltia, 2-3010. Commissioning officers-- Executive Department, 2-3101. Justices of the peace, 2-4203. Notaries public, 2-4301. Commutation of sentences, 2-3011. Compensation, 2-3001. Conservator of peace, 2-301 1. Constitution of State, duties as to new or amended, 2-8101, 2-8103. Constitutional officers, requiring information from, 2-3017. Convoking General Assembly, 2-1603, 2-3012. Death sentences, power to suspend, 2-3011. Death, who exercises executive powers in case of, 2-3007. Decrease of salary, 2-3001. Department heads, requiring information from, 2-3017. Disability, who exercises executive powers in case of, 2-3007. Disapproval of amendment, 2-3016, 2-8103. Disapproval or approval of acts and resolutions, 2-3015, 2-3016, 2-6203. Education, State Board of, exclusion from membership, 2-6501. Elections, see Elections, ante. Additional procedures, 2-3005. Contest of, 2-3005. First election held, when, 2-3002. Ineligibility for reelection, 2-3001. Place of holding, 2-3002. Returns, 2-3003,2-3004. Run-offs, 2-3004. Time of holding, 2-3002. Vacancy in office, filling, 2-3008. Eligibility, 2-3001, 2-3006. Reelection, for, 2-3001. Emoluments other than salary, 2-3001. Employees of State, requiring information from, 2-3017. Exclusion from membership on-- Education, State Board of, 2-6501. Pardons and Paroles, State Board of, 2-3011. University System Board of Regents, 2-6701. Execution of laws, duty as to, 2-3011. Executive power vested in, 2-3001. Expenses, 2-3102. Filling vacancies in offices, 2-3013, 2-3014. CONSTITUTION OF STATE--Cont'd. Governor--Cont'd. Foreign powers, receiving emoluments from, 2-3001. General appropriations bill, submission of, 2-6201. General Assembly-- Adjournments of, power as to, 2-1922. Convoking, 2-1603, 2-3012. Extraordinary session, 2-3012. Filling vacancies in, 2-3013, 2-3014. Messages to, 2-3012. Pardons, etc., report, 2-3011. Recommendations to, 2-3012. Great Seal of State, order as to affixing, 2-3201. Increase of salary, 2-3001. Industry and Trade, Board of Commissioners of Department of, appointment, 2-3505. Information from certain officers and employees, requiring, 2-3017. Installation in office, 2-3002. Justices of the peace, commissions to, 2-4203. Laws, execution of, 2-3011. Lieutanant Governor, see Lieutenant Governor, post. Succeeds, when, 2-3007. Membership-- Board of Regents of University System of Georgia, exclusion from, 2-6701. Education, State Board of, exclusion from, 2-6501. Messages to General Assembly, 2-3012. Navy, commander-in-chief, 2-3010. Oath or affirmation of office, 2-3009. Pardons and Paroles, State Board of, 2-3011. Pardons by, 2-3001. Peace, conservator of, 2-3011. President of Senate acts when, 2-3007. Proclamation of result of election for ratification of constitutional amendment, 2-8401. Qualifications, 2-3006. Reappointment of persons rejected by Senate, 2-3014. Reelection, 2-3001. Reports to General Assembly, 2-3011. Reprieves by, 2-3011. Resignation, 2-3007. Salary, 2-3001. Sentences for offenses, power to suspend, 2-3011. Signing bills, resolutions, etc., 2-1921, 2-3015,2-3016. Solicitors general, appointment, 2-4601. Speaker of House of Representatives acts, when, 2-3007. Successive terms forbidden, 2-3001. Superior court judges emeritusAppointment, 2-3803. Designation to preside in Supreme Court or Court of Appeals, 2-3702, 2-3708. Supreme Court Justices, appointment, 2-3703. Suspension- Constitutional officer or department head, 2-3017. Sentences for offenses, 2-3011. Term of office, 2-3001. Treason, duties relating to sentences for, 2-3011. Unexpired term, filling by special election, 2-3008. United States, emoluments from, 2-3001. University of Georgia Board of Regents, exclusion from membership, 2-6701. Vacancies in public offices, filling, 2-3013, 2-3014. CONSTITUTION OF STATE--Cont'd. Governor--Cont'd. VetoBills, 2-3015, 2-3016. Constitutional amendment, legislative proposals as to, 2-8103. Override, proposed amendment. 2-3015. Veto powers-- Appropriation bills, 2-3015. Constitution, proposal to amend, 2-8103. Resolutions. 2-3016. Signature of Governor where veto overridden, 2-192 1. Writs of election, issuance, 2-3012. Governor-Elect, death or resignation of, 2-3007. Grand jury-- Compensation, 2-5103. Competency, 2-5102. County boards of education, selection of members, 2-680 1. Notaries public, recommendations as to appointment, 2-4301. Selection of, 2-5102. Grants-- Education, county boards of, 2-7402. Education, State Board of, 2-7401. Educational purposes, General Assembly providing for, 2-7502. Immunities, special, 2-302. Independent school systems, 2-7402. Irrevocable, 2-302. University of Georgia System Board of Regents, 2-7401. Gratuities, grant of, 2-5402. Great Seal of State, 2-3201. Guardians, homestead exemption, 2-7601. Gwinnett-- Public transportation of passengers for hire. 2-8601. Habeas corpus-- lurisdiction of cases involving, 2-3704. Suspension of writ, 2-111. Head of family, 2-7601, 2-7602. Health- Taxation for purposes of public, 2-5501, 2-5701. Highway Board, State, creation, 2-3506. Highways-- Court of ordinary's powers in relation to, 2^*102. Federal, restrictions as to property near, 2-201. Patrol law, jurisdiction of cases involving, 2-4102. Taxation to construct and maintain, 2-5501. Traffic laws, jurisdiction of offenses under, 2-4102. Home demonstration agents, taxation to pay, 2-5701. Home rule, 2-8301. Counties, for, 2-8402. Cumulative effect of, 2-8406. Filing and publication of laws, 2-8405. Planning and zoning, 2-8404. Salaries of employees, 2-8403. INDEX CONSTITUTION OF STATE--Cont'd. Homestead-- Aged persons, 2-5404. Alienation, 2-7601. Amount of exemption, 2-7601. Authority of General Assembly to provide manner of exemption, 2-7601. Encumbrance, 2-7601. Exemption, 2-7601, 2-7602. Sales, 2-7601. Laws continued in force, 2-7601. Persons entitled, 2-7601. Rural housing projects, exemption, 2-5404. Sale of property, 2-7601. Taxation, exemption, 2-5404. Waiver, 2-7601. Hospitalization facilities, county contracts with public agencies or authorities, 2-5901. Hospitalization of indigent' sick, county taxation, 2-5701. Hospitals and nursing homes, tax exemption, proposed amendment, 2-5404. House of Representatives, see General Assembly, ante. Household furniture, taxation exemption, 2-5404. Houses, unreasonable searches and seizures, 2-116. Housing authorities, 2-8501. Housing, proposed amendment, 2-8701 et seq. Husband and wife-- Divorce, see Divorce, ante. Homestead, 2-7601, 2-7602. Pensions to widows of Confederate soldiers, 2-5501. Separate estate of wife, 2-2801. Widows of Confederate soldiers, pensions, 2-5501. Idiots, disfranchisement, 2-801. Illegal bonds, appropriations to pay, 2-5607. Illegitimate child, change of name, 2-1917. Immunities-- Governmental, waiver, 2-5902. Protection of citizens in enjoyment of, 2-125. Special, grants of, 2-302. Impairment of obligations of contracts 2-302. Impeachment-- Clemency in cases of, 2-3011. Conviction of crime, 2-1705. Disqualification of person convicted to hold office, etc., 2-1705. General Assembly, extension of session because of impeachment trial pending, 2-1603. Initiative of proceedings, 2-1803. Judgment, 2-1705. Powers, 2-1803. Removal of person convicted from office, 2-1705. Supreme Court Chief Justice, 2-1704. Trial, 2-1703, 2-1704. Length of session, 2-1603. Implements of trade of manual laborers, exemption from taxation, 2-5404. 12 CONSTITUTION OF STATE--Cont'd. Imprisonment-- Debt, for, 2-121. General Assembly members for disorderly conduct, 2-1901. Improvements, public, taxation for, 2-5701. Increase-- Governor's salary, 2-3001. State bonded debt, 2-5601. Incrimination of self, compelling, 2-106. Indebtedness of counties, see Counties, ante. Independent School systems, see Schools, post. Savannah, educational tax, 2-7501. Indictment-- Copy, furnishing accused with, 2-105. Impeached officers, 2-1705. Indigent persons, taxation to provide care, etc., 2-5501,2-5701. Indigent sick, county taxation for, 2-5701. Industrial Development Commission, creation of, 2-5507. Industrial resources of State-- Advertising, taxation for, 2-5501. Industries, taxation exemption, 2-5405. Industry and Trade, Department of-- Creation, 2-3505. Tourism, cooperation with other agencies in promotion of, 2-3505.1. Infants, see Children, ante. Assistance to dependent children, 2-5501, 2-5701. Illegitimates, changing names of, 2-1917. Infirm persons-- Assistance to indigents, 2-5501, 2-5701. Homestead exemption, 2-7601. Information furnished Governor by certain officers, 2-3017. Inherent rights, denial of, 2-502. Initiative, referendum, and recall, county and municipal governments, systems for, 2-8301. Insane persons, disfranchisement, 2-801 Insurance, liability, for counties, 2-5902. Insurance companies, 2-2901 to 2-2905. Charter, 2-1917. Foreign, licenses, 2-2902. Life, see Life insurance companies, post. Insurrection-- Bills in General Assembly, reading dispensed with, in cases of, 2-1907. State debt in case of, 2-5601, 2-5602, 2-5605. Taxation for purpose of suppressing, 2-5402,2-5501,2-5601. Intangible property-- Classification for taxation, 2-5403. Personalty, exemption from taxation, 2-5404. Stock in corporations subsidiary to domestic corporations, 2-5404. Interest, public debt, 2-1909, 2-5501. Internal government, regulation oy people, 2-501. Intoxicating liquors, sale on election days, 2-1101. Invalidity of Acts in violation of, 2-402. Invalidity of certain bonds, 2-5607. 13 CONSTITUTION OF STATE--Cont'd. Invasion-- Bills in General Assembly, reading dispensed with, in case of, 2-1907. Funds used in case of, 2-6204. State debt in case of, 2-5601, 2-5602, 2-5605. Taxation for purpose of repelling, 2-5402, 2-5501,2-5601. Inventories, taxation of, proposed amendment, 2-5403. Investment of sinking fund, 2-5609. Involuntary servitude, 2-117. Irrevocable grants of special privileges or immunities, 2-302. Jeopardy of life or liberty, putting person in more than once, 2-108. Joint obligors, promisors, or trespassers, venue of suits against, 2-4904. Joint session of House of Representatives and Senate, 2-2201, 2-3004, 2-3005. Journals of General Assembly, see General Assembly, ante. Judges-- City courts, see City courts, ante. Disqualification, 2-3909. Eligibility requirements, 2-4801. Emeritus, temporary service, 2-4802. Judicial circuit, number, 2-3801. Superior courts, see Superior courts, post. Judgments-- Confirmation by Constitution, 2-8005. Impeachment trial, 2-1705. Withholding by Supreme Court or Court of Appeals, 2-3706. Judicial circuits-- Counties comprising, 2-1401. Judges, number, 2-3801. Judicial Department, see Judiciary, post. Expenses, 2-1909. Judicial power-- Encroachments on, prohibited. 2-123. Executive power as separate from, 2-123. Legislative power as separate from, 2-123. Vested where, 2-123. Judiciary-- Abolition of courts, 2-5301. Justice courts, 2-4201. Attorney General, see Attorney General, ante. Change of venue, 2-4906, 2-5001. Civil court of Fulton county, 2-4201. County commissioners, 2-5201. Court of Appeals, see Supreme Court and Court of Appeals, post. Courts enumerated, 2-3601. Disqualification of judges, 2-3909. Divorce suits, jurisdiction, 2-3704, 2-3901. Enumeration of courts, 2-3601. Establishment of courts, 2-4201. Expenses, appropriation, 2-1909. General appropriation bill, 2-1909. INDEX CONSTITUTION OF STATE--Cont'd. Judiciary --Cont'd. Jurisdiction-- Civil court of Fulton county, 2-4201. Court of Appeals, 2-3708. Justices of the peace, 2-4201, 2-4202. Ordinary, courts of, 2-4102. Police courts, 2-4102. Superior courts, 2-3901 to 2-3905. Supreme Court, 2-3704. Jury trial, 2-105, 2-5101 to 2-5103. Justices of the peace, see Justices of the Peace, post. New trials-- City courts, 2-3906. Criminal prosecutions, 2-201. Jeopardy, 2-108. Justice courts, 2-4201. Power to grant, 2-201. Superior courts, 2-3906. Notaries public ex-officio justices of the peace, 2-4201, 2-4301. Ordinaries, see Ordinaries, post. Police courts, jurisdiction, 2-4102. Proceedings of courts confirmed, 2-8005. Right to courts, 2-104. Solicitors General, See District attorney, ante. Superior courts, see Superior courts, post. Supreme Court, see Supreme Court and Court of Appeals, post. Trial by jury, 2-105, 2-5101 to 2-5103. Unconstitutional laws, declaring void, 2-402. Uniformity of courts, 2-4401. City courts, exception, 2-4401. Civil court of Fulton county, 2-4201. Justices of the peace, 2-4201. Venue of proceedings, see Venue, post. Jurisdiction-- Alimony, cases involving, 2-3704, 3-3901. Civil court of Fulton county, 2-4201. Court of Appeals, 2-3708. Divorce cases, 2-3704, 2-3901. Equity, 2-3704, 2-3901, 2-3902. Fulton county, civil court of, 2-4201. Habeas corpus, proceedings involving writ, 2-3704. Highway patrol law, cases involving, 2-4102. Justices of the peace, 2-4201, 2-4202. Misdemeanors, 2-4102. Ordinary, court of, 2-4102. Police courts, 2-4102. Prohibition, to issue writ of, 2-3905. Schools, cases involving, 2-4102. Scire facias, to issue writs, 2-3095. Superior courts, 2-3901 to 2-3905. Appellate, 2-3904. Certiorari to inferior judicatories, 2-3905. Divorce proceedings, 2-3901. Equity, 2-3901, 2-3902. Exclusive, 2-3901. General, 2-3903. Mandamus, issuance of writ, 2-3905. Prohibition, issuance of writ, 2-3905. Scire facias, issuance of writ, 2-3905. Title to land, 2-3901. Writs, issuance of, 2-3905. CONSTITUTION OF STATE--Cont'd. Jurisdiction--Cont'd. Supreme Court, 2-3704. Traffic laws, of offenses under, 2-4102. Treaties, cases involving, 2-3704. Trover, 2-4202. Jury-- Compensation, 2-5103. Grand jury, see Grand Jury, ante. Judges of law and fact in criminal cases, 2-201. Number of jurors, 2-5 101. Selection of jurrors, 2-5102. Trial, 2-105, 2-201, 2-3907, 2-5101 to 2-5103. Women on, 2-5102. Jury trial, 2-105, 2-201, 2-3907, 2-5101 to 2-5103. Justices-- Emeritus, temporary service, 2-4802. Supreme Court, see Supreme Court, post. Justices of the peace-- Abolition of courts, 2-4201. Appeals, 2-4202. Civil court of Fulton county, concurrent or supplemental jurisdiction, 2-4201. Commission, 2-4203. Election, 2-4203. Ex-officio notaries public, see Notaries public, post. Jurisdiction, 2-4201, 2-4202. Jury, appeal to, 2-4202. Municipal courts in lieu of, 2-4201. New trials, 2-4201. Notaries public as ex-officio, 2-4201, 2-4301. Number, 2-4201. Removal, 2-4203. Sessions, 2-4202. Substitute courts in certain counties, 2-4201. Term of office, 2-4202. Trover, jurisdiction, 2-4202. Uniformity, not subject to rule, 2-4201. Justices of Supreme Court, see Supreme Court, post. Justification, truth as, in prosecution for libel, 2-201. Juvenile courts-- Appeals, 2-3709. District attorney's duties as to review, 2-3709. Review of decisions, 2-3709. Keeping arms, 2-122. Kitchen furniture, taxation exemption, 2-5404. Labor, Commissioner of-- Authority and duties, 2-3102. Bond, 2-3104. Duties, 2-3102. Election, 2-3101. Eligibility requirements, 2-3104. Fees and perquisites denied, 2-3105, 2-5606. Information, giving at Governor's request, 2-3017. Profit from use of public money, 2-3103, 2-5606. Qualifications, 2-3104. Salary, 2-3102. Suspension, 2-3017. Term of office, 2-3001, 2-3101. Traveling expenses, 2-3105. Labor, exemption from taxation, 2-5404. Land-- Jurisdiction of Supreme Court in cases respecting title, 2-3704. Superior court jurisdiction, 2-3901, Tidewater lands, title, 2-601. Venue of suits respecting titles, 2-4902. CONSTITUTION OF STATE--Cont'd. Larceny-- Arrest-- Electors guilty of offense, 2-901. General Assembly members guilty of offense, 2-1903. Disfranchisement of persons convicted of, 2-801. General Assembly, privilege of members from arrest for, 2-1903. Office, holding of, by convicted persons, 2-801. Voters, privilege from arrest, 2-901. Laws, see Acts and resolutions of General Assembly, ante; General laws, ante; Special laws, post. Amendment, 2-1916. Due process of, 2-103. Enactment, see Acts and resolutions of General Assembly, ante. Equal protection of, 2-102. Ex post facto, 2-302. General laws in force in State, 2-8001 to 2-8006. Local, 2-1907, 2-1915, 2-8004. Private, force of, 2-8004. Repeal, 2-1916. Second in authority, 2-8002. Special, 2-401, 2-1915, 2-2601. Supreme, 2-8001. Third in authority, 2-8003. United States Constitution, jurisdiction of Supreme Court as to cases involving, 2-3704. Legislation-- Social status of citizen as subject of, 2-118. Void, when, 2-402. Legislative Department, see General Assembly, ante. Legislative power-- Encroachments prohibited, 2-123. Executive power separate from, 2-123. Judicial power separate from, 2-123. Punishment for contempt of court, 2-120. Vested, where, 2-1301. Legislature, see General Assembly, ante. Levy and sale under process, 2-7601, 2-7602. Liability insurance for counties, 2-5902. Libel, 2-201. Liberty, see Bill of rights, ante. Conscience, of, 2-1 12, 2-113. Due process of law in deprivation of, 2-103. Jeopardy, former, 2-108. Speech, guarantee of, 2-115, 2-1903. Liberty county, citizen member of State Game and Fish Commission, 2-3301. Libraries-- Public, maintenance, etc., taxation for, 2-5701. Taxation, exemptions, 2-5404. Licenses, foreign insurance companies, 2-2902. Licentiousness as unexcused by liberty of conscience, 2-113. Lieutenant Governor-- Creation of office, 2-3007. Election, term of office, salary, powers, etc., 2-3001, 2-3007. President of Senate, 2-1702, 2-3007. Resignation, death, or disability, effect of, 2-3007. Speaker of House of Representatives succeeds, when, 2-3007. Succession to Governorship, when, 2-3007. Suspension, 2-3017. Life-- Due process of law in deprivation of, 2-103. Jeopardy, former, 2-108. INDEX CONSTITUTION OF STATE--Cont'd. Life insurance companies-- Nonresident, 2-2901, 2-2902, 2-2905. Resident, 2-2903, 2-2905. Limitation-- Contempt, power of courts to punish for, 2-120. County indebtedness, 2-6001. Municipal indebtedness, 2-6001. State debt, 2-5601, 2-5602, 2-5605. Tax levy, 2-5402. Taxing power of counties, 2-5801. Linen, tax exemption of plants for manufacturing or processing, 2-5405. Liquor furnished on election day, 2-1101. Literary associations or societies, taxation exemption, 2-5404. Litigation, taxation to pay expenses of, 2-5701. Livestock, promotion of, 2-5501.1. Loans-- Credit of State, 2-5604. Profit from, receiving by public officers. 2-5606. Public money, 2-3103, 2-5606. Repayment, 2-5601. Sinking fund of State, 2-5609. State, to, 2-5601, 2-5603. Student, 2-5402. Temporary loans, counties, municipalities and political subdivisions of State, 2-6004. Lobbying, 2-205. Local amendments, how ratified, 2-8101. Local application, continuation of amendments having, 2-6301. Local laws-- Advertisements, 2-1915. Amendments to Constitution, how ratified, 2-8101. Force of, 2-8004. Law of State, 2-8004. Notice of intention to apply for, 2-1915. Reading, 2-1907. Local legislation, see Local laws, ante. Local school systems, 2-7301. Local taxation for public schools, 2-7501. Lotteries, prohibiting, 2-204. Mclntosh county-- State Game and Fish Commission, citizen of county as member, 2-3301. Majority-- Passage of bills, 2-1914. Repassage of bills over Governor's veto, 2-3015. Malfeasance in office, disfranchisement of persons convicted of, 2-801. Malpractice in office, sinking funds of county, use of, 2-6101. Manual laborers, implements of trade of, exemption from taxation, 2-5404. Manufacturing plants, tax exemption of certain, 2-5405. Marines, electors, 2-702. Married woman's property, 2-2801. Medical attention for indigent sick, county taxation to provide, 2-5701. Medical Education Board, 2-5402. See Medical Education Board, State. Medical scholarships and loans, see 32-3001, et seq. Merit system-- State employees, 2-8201, 2-8202. Metal, tax exemption of plants, 2-5405. Mileage of members of General Assembly, 2-2101. Military authority subordinated to civil, 2-119. Military officers, eligibility to membership in General Assembly, 2-1606. 14 CONSTITUTION OF STATE--Cont'd. Military reservations, divorce suits by residents of, venue, 2-4901. Military service, participation by voters in, 2-702. Mititia-- Commander-in-chief, 2-3010. Compensation of officers and men, 2-7703. Discipline of, 2-7704. General Assembly providing for organization, 2-7701, 2-7702. Organization, 2-7701, 2-7702. Volunteer companies, 2-7702, 2-7703. Minors, see Infants, ante. Misdemeanors, see Crimes, ante. Ordinary'sjurisdiction, 2-4102. Mistrial, jeopardy, 2-108. Money, taxation, 2-5403. Moneys, public-- Appropriations, 2-1909 to 2-1912. See Appropriations, ante. Churches, sects, etc., to, forbidden, 2-114. Ineligibility to public office of persons unlawfully holding, 2-1001. Loan of, 2-3103, 2-5606. Profit on, by public officers, 2-3103, 2-5606. Monopolies, contracts or agreements encouraging, 2-2701. Moral turpitude-- Disfranchisement of persons convicted of crimes involving, 2-801. Office, holding of, by persons convicted of crimes involving, 2-801. Motor vehicles, taxation, 2-5404. Classification of property for, 2-5403. Municipal corporations, see Cities, ante. Appropriations to corporations, etc., 2-5801. Associations, as stockholders in, 2-5801. Colleges, adding to existing independent school systems, 2-7001. Consolidation with county government, 2-7807. Contracts with each other or with public agencies or authorities, 2-5901. Conveyances of existing facilities to public agencies or authorities, 2-5901. Corporations, as stockholders of, 2-5801. DebtAdditional debts authorized, 2-6003. Assumption by State, 2-5605. Limitation on amount, 2-6001. Referendum as to, 2-6001, 2-6003, 2-6005. Refunding bonds, 2-6006, 2-6007. Revenue anticipation certificates, 2-6005. Schools, support of, 2-5801. Sinking fund for bonded indebtedness, 2-6101. Tax levy to pay, 2-6002. Temporary loans, 2-6004. Educational tax, 2-5801. Garbage disposal, 2-5701, note, 2-6001, note. Government, uniform systems, 2-8301. Home rule, 2-8301. Hospitalization facilities, contracts with public agencies or authorities, 2-5901. Indebtedness, limitations, 2-6001. Independent school systems, 2-7001. Initiative, referendum, and recall, systems for, 2-8301. Investment in sinking funds, 2-6101. Loan of credit to corporations, etc., 2-5801. Local and private Acts, force, 2-8004. Pensions, teachers, power to tax for, 2-5502. 15 CONSTITUTION OF STATE--Cont'd. Municipal corporations--Cont'd. Planning and zoning laws, 2-1923. Public utilities, regulation, 2-2401. Refunding bonds, 2-6006, 2-6007. Revenue anticipation certificates, 2-6005. Schools-- Existing systems, maintenance of, 2-7001. Support of, 2-5801. Taxation, 2-5801. Homestead exemption, 2-5404. Sinking fund, 2-6101. Slum clearance, 2-8501. State funds to, grant of, 2-5506. Stockholders of corporations, as, 2-5801. Street railroads, consent to construction of, 2-1925. Taxation, see Taxation, post. Taxing power, 2-5801. Teachers, pensions and retirement funds for, 2-5502. Temporary loans, 2-6004. Transit equipment, revenue anticipation obligations issued to purchase, 2-6005. Uniform systems of government, 2-8301. Zoning, authority of General Assembly to enact, 2-1923. Municipal courts-- Jurisdiction of cases involving offenses under State highway patrol law, 2-4102. Justice courts, establishment in lieu of, 2-4201. Traffic laws, jurisdiction of offenses arising under, 2-4102. Names of bastards, changing, 2-1917. Natural resources, taxation for conservation, 2-5701. Navigation companies, charter, 2-1917. Navy, Governor as commander-in-chief, 2-3010. Nays and yeas, see Acts and resolutions of General Assembly, ante. Needy persons, taxation for assistance of, 2-5501,2-5701. Negotiable instruments, venue of action 2-4905. Negroes, see Colored persons, ante. New constitutions, 2-8101, 2-8103. New trial-- City courts, 2-3906. Criminal prosecutions, 2-201. Jeopardy, 2-108. Justice courts, 2-4201. Power to grant, 2-201. Superior courts, 2-3906. Newspapers-- Liberty of press, 2-115. Local laws, publication of notice of intention to apply for passage, 2-1915. Publication of proposed amendments in, 2-8101. Special laws, publication of notice of intention to apply for passage, 2-1915. Nonmetallic minerals, tax exemption of plants for manufacturing or processing, 2-5405. Nonprofit rural electrification corporations, tax exemptions, 2-5404. Nonresidents-- Fire insurance companies, 2-2904, 2-2905. Life insurance companies, 2-2901, 2-2902, 2-2905. INDEX CONSTITUTION OF STATE--Cont'd. Notaries public-- Appointment, 2-4301. Grand jury recommendations as to appointment, 2-4301. Justices of the peace, ex officio-- Abolition, 2-4201. Jurisdiction, 2-4201. Number, 2-4301. Removal, 2-4301. Term of office, 2-4301. Notes, venue of suits against maker or indorser, 2-4905. Notice of intention to apply for special legislation, 2-1915. Nursing homes, tax exemption, proposed amendment, 2-5404. Oaths-- Search warrants, 2-116. Support of Constitution, 2-1605, 2-3009. Obligation of contracts, impairment of, 2-302. Office, public-- Disqualification to hold, 2-801, 2-1001, 2-5606. General Assembly, 2-1606. Malfeasance, disfranchisement of electors, 2-801. Malpractice, use of sinking funds, 2-6101. Power of Governor to fill vacancy, 2-3013. Right to hold, as unaffected by religious opinion, 2-113. Vacancy in office, power of Governor to fiU, 2-3013. Officers, public-- Bonds of executive officials, 2-3101. Compensation and fees-- Changing by General Assembly, 2-2301. General Assembly forbidden to grant extra, 2-5402. Continuing in office, 2-8006. Disqualification to hold public office, 2-801, 2-1001, 2-5606. General Assembly, 2-1606. Executive Department, see Executive Department, ante. General Assembly, 2-2201. Grant of extra compensation to, 2-5402. Information, giving at Governor's request, 2-3017. Malfeasance in office, disfranchisement of electors, 2-801. Malpractice, use of sinking funds, 2-6101. Power of General Assembly to change compensation, 2-2301. Profit from public money, 2-3103, 2-5606. Salaries changed, 2-2301. Suspension, 2-3017. Trustees and servants of people, 2-101. Vacancies, power of Governor to fill, 2-3013. Oil well, reward for bringing in first producing, 2-5402. Old-age assistance, taxation for, 2-5501, 2-5701. One subject-- General appropriation bill, 2-1909. Laws, expressed in, 2-1908. Opinion, religious, protection of, 2-112, 2-113. CONSTITUTION OF STATE--Cont'd. Ordinaries-- Appeals from, 2-4101. Bridges, powers, 2-4102. Buildings and grounds, public, powers in relation to, 2-4102. County buildings, powers in relation to, 2-4102. Highways, powers in relation to, 2-4102. Jurisdiction, 2-4102. Powers, 2-4101,2-4102. Retirement system, taxation for, 2-5506. Schools, jurisdiction of cases, 2-4102. Terms of office, 2-4103. Origin and foundation of government, 2-101. Outdoor advertising near certain Federal highways, 2-201. Paintings, taxation exemption, 2-5404. Paramedical education, scholarships, 2-5402. Pardons and paroles- Eligibility to hold office restored, 2-801. Governor's power, 2-301 1. Pardons and Paroles, State Board of, 2-3011, 2-3017. Parent and child, changing name of illegitimate child, 2-1917. Parks, taxation for acquisition, improvement, and maintenance of, 2-5701. and maintenance of, 2-5701. Partners, venue of suits against, 2-4904. Passage of acts, see Acts and resolutions of General Assembly, ante. Passenger tariffs, regulation, 2-2401. Passengers, public transportation for hire, 2-8601 to 2-8605. Paupers-- Costs in Supreme Court and Court of Appeals, 2-5302. Court of ordinary's powers in relation to, 2-4102. Medical care and hospitalization, county taxation for, 2-5701. Oath. Supreme Court and Court of Appeals costs, 2-5302. Taxation, support of, 2-5501, 2-5701. Peace and safety, public, religious opinion as not excusing practices against, 2-113. Peace officers annuity and benefit fund taxation for, 2-5506. Peaceable assembly, right of, 2-124. Peanuts, tax exemption, proposed amendment, 2-5404. Penalties, commutation of, 2-301 1. Pensions-- Ex-Confederate soldiers and widows, 2-5501. Increase, providing for, proposed amendment, 2-5402. Teachers, 2-5502. Widows of Confederate soldiers, 2-5501. People, see Persons, post. Person, see Persons, post. Personal clothing, taxation, exemption, 2-5404. Personal liberty-- Due process of law in deprivation of, 2-103. Jeopardy, 2-108. Rights of, 2-113, 2-116. Personal property-- Concealment by debtor, 2-206. Conversion, jurisdiction of justices of peace, 2-4202. Exemption from taxation, 2-5404. Intangibles-- Stock in corporations subsidiary to domestic corporations, 2-5404. Taxation, 2-5403, 2-5404. Taxation exemption, 2-5404. CONSTITUTION OF STATE--Cont'd. Personnel Board, State-- Appointment, etc., 2-8201, 2-8202. Information, giving at Governor's request, 2-3017. Suspension, 2-3017. Persons-- Colored, see Colored persons, ante. Entitled to vote. 2-702 to 2-704. Governmental rights, 2-501, 2-502. Protection of, duty of Government, 2-102, 2-113. 2-116, 2-302. See Protection, post. Rights of, see Rights of people, post. Searches and seizures, unreasonable, 2-116. Petition, right of, 2-124. Philosophical apparatus, tax exemption, 2-5404. Planning laws, zoning and, 2-1923. Plants for manufacturing or processing cotton, tax exemption, 2-5405. Pledge of credit of State, 2-5604. 'Police courts, jurisdiction, 2-4102. Police power-- Abridgement, 2-2502. State rights, 2-501. Police, taxation to pay, 2-5701. Political disabilities, 2-801, 2-1001, 2-5606. Political divisions of State, see Cities, Counties, ante. Civil service, equal preference to war veterans, 2-1924. DebtAdditional debts authorized, when, 2-6003. Associations, as stockholders in, 2-5801. Assumption by State, 2-5605. Debts, 2-6001, 2-6002, 2-6005. Limitation on, 2-6001. Referendum as to, 2-6001, 2-6003, 2-6005. Refunding bonds, 2-6006, 2-6007. Revenue anticipation obligations, 2-6005. Sinking funds for retirement of, 2-6101. Submission of indebtedness to popular vote, 2-6001 to 2-6003, Tax levy to pay, 2-5701, 2-6'002. Temporary loans, 2-6004. Investment of sinking funds, 2-6101. Loan of credit, 2-5801. Refunding bonds, 2-6006, 2-6007. Revenue anticipation obligations, 2-6005. Sinking fund for bonds, 2-6101. Taxation by, purposes, 2-5801, 2-6002. Temporary loans, 2-6004. Poll tax, 2-5402. Poultry, promotion of, 2-5501.1. Powers of General Assembly, 2-1920. See General Assembly, ante. Precincts for voting, grant of power to change, 2-1917. Presiding Justice of Supreme Court, 2-3701. Press, freedom of, 2-115, 2-1903. Primary, persons entitled to vote at, 2-702 to 2-704. Principals or securities, relief of, 2-1918. Prisons and prisoners-- Abuse of prisoners, 2-109. Counties, taxation for support of prisoners, 2-5701. Director of Corrections-- Compensation, 2-3401. Constitutional officer, 2-3401. County taxation for maintenance and support, 2-5701. Election by Board of Corrections, 2-3401. Salary, 2-3401. Taxation for maintenance and support of, 2-5701. INDEX CONSTITUTION OF STATE--Cont'd. Prisons and prisoners--Cont'd. State Board of Corrections, 2-3401. Taxation for maintenance and support of, 2-5701. Whipping, 2-107. Private Acts, force of, 2-8004. Private companies, grants of charters and privileges to, 2-1917. Private property taken or damages for public purpose, 2-301. Private rights, variance of general law affecting by special legislation, 2-401. Private ways, grant, 2-301. Privilege-- Electors, 2-901. Protection of citizens in enjoyment of, 2-125. Special, grant of, 2-302. Probable cause, search warrant, issuance without, 2-116. Probate, court of ordinary and probate, powers of, 2-4101. Process-- Compulsory, to obtain testimony, 2-105. Due process of law, 2-103. Exemptions from sale under, homestead, 2-7601,2-7602. Service of accusation on accused, 2-105. Proclamations, Governor, ratification, etc., of Constitution, 2-8401. Professional education, scholarships, 2-5402. Profit- Loan of public funds, receiving by public officers, from, 2-5606. Use of public money, 2-3103, 2-5606. Prohibition, jurisdiction to issue writ of, 2-3905. Promissory notes, venue of actions against makers or indorsers, 2-4905. Property-- Concealment of, 2-206. Due process of law in deprivation of, 2-103. Homestead, 2-7601, 2-7602. Married woman's separate estate, 2-2801. Personal, see Personal property, ante. Protection to, 2-102, 2-113, 2-116, 2-301, 2-302. Public- Sale of State property to pay bonded indebtedness, 2-5608. Taxation, see Taxation, post. Real property abutting on tide waters, confirmation of titles to, 2-601. Right of, 2-103. State, sale to pay bonded indebtedness, 2-5608. Tidewater lands, confirmation of title to, 2-601. Unreasonable searches and seizures, 2-116. Proposal of bill or resolution once rejected tty General'Assembly, 2-1913. Prosecution by attorney at law as right, 2-104. Protection of person and property-- Attainder, bills of, prohibited, 2-302. Citizens of United States resident in Georgia, 2-125. Compensation for property taken or damaged for public purposes, 2-301. Contract obligations, laws imparing, prohibited, 2-302. Duty of government, 2-102. Ex post facto laws, prohibited, 2-302. Imprisonment for debt prohibited, 2-121. Religious opinion, molestation because of, 2-113. Retroactive laws prohibited, 2-302. Searches and seizures, unreasonable, 2-116. Special privileges or immunities, irrevocable, grant prohibited, 2-302. 16 CONSTITUTION OF STATE--Cont'd. Public agencies, departments, etc., see specific heads under substantive titles. ante and post. Public and speedy trial, 2-105. Public facilities, use of, by State or divisions thereof, 2-5901. Public peace and safety, practices against, as unexcused by religious opinion, 2-113. Public Service Commission-- Creation, etc., 2-2703. Election, 2-2703. Public transportation of passengers for hire, 2-8601 to 2-8605. See Transportation of passengers for hire, post. Public trial, right of accused to, 2-105. Public utilities-- Charges, 2-2401,2-2402. Charges and rate, regulation, 2-2401. County regulation, 2-2401. Public Service Commission, authority to regulate, 2-2703. Rebates and bonuses, 2-2402. Tariffs, 2-2401,2-2402. Tax returns, 2-5504. Publication-- Amendments to Constitution, 2-8101. Legislative journals and laws, 2-1904. Notice of intention to apply for passage of local or special bill, 2-1904, 2-1915. Proposed amendments, 2-8101. Punishment-- Banishment, 2-107. Contempt of court, 2-120. Corruption of blood, 2-203. Crimes, for, see Crimes, ante. Cruel and unusual, 2-109. Disfranchisement of persons convicted, 2-801. Excessive fines, 2-109. Forfeiture of estate, 2-203. General Assembly members, for disorderly conduct, 2-1901. Involuntary servitude, 2-117. Office, ineligibility of convicted persons to hold, 2-801, 2-1001, 2-5606. Pardons, 2-3011. Unusual and cruel, 2-109. Whipping, 2-107. Pupils, contract for care of, 2-7201. Quorum-- House of Representatives, 2-1604. Senate, 2-1604. Supreme Court Justices, 2-3701. Races-- Segregation of, as condition of exemption of endowments from taxation, 2-5404. Separation in school, 2-6401. Railroads-- Bonuses, giving, 2-2402. Charter of companies, 2-1917. Discrimination by, prohibiting, 2-2401. Freights and tariffs, regulation of, 2-2401. Rebates, 2-2402. Western and Atlantic Railroad, disposition of proceeds of sale, 2-5608. Rapid transit, see Transportation of passengers for hire, post. Ratification-- Amendments, 2-8101, 2-8102, 2-8401. Constitution, 2-8401. Local amendments, 2-8101. Ray City, bonded indebtedness, 2-6001, note. Reading-- Bills in General Assembly, 2-1907. Paragraph of Constitution, ability of elector as to, 2-704. Real property, tidewaters, titles of land abutting on, 2-601. Rebates, 2-2402. Recall, systems for county and municipal governments, 2-8301. CONSTITUTION OF STATE--Cont'd. Recognizances, relief of principals or sureties, 2-1918. Referenda, see Flections, ante. Const itutional amendments, 2-8101, 2-8102,2-8401. County government system, inclusion in, 2-8301. County site, change of, 2-7809. Debt of counties, municipalities, and political divisions of State, incurring, 2-6001, 2-6003,2-6005. Elections, see Flections, ante. Municipal government system, inclusion in, 2-8301. Refunding bond commission, 2-6006, 2-6007. Regents, Board of, of university system, see University of Georgia, post. Registrars, see Elections, ante. Condition precedent to voting, 2-701. Denial of right, appeal from registrar's decision, 2-705, 2-706. Qualifications of registrants, 2-702 to 2-704,2-801. Special registration for elections to determine incurring of public debt, 2-6001. Reproduction of rejected bill, 2-1913. Relief of principals or securities, 2-1918. Religious institutions-- Appropriations of public money to, 2-114. Taxation of property held in trust for, exemption, 2-5404. Religious opinion-- Freedom of, 2-113. Molestation of person or property because of, 2-113. Protection of, 2-1 12, 2-113. Public office or trust, qualification to hold, 2-1 13. Religious sects, appropriations to, 2-114. Religious societies-- Appropriations to, 2-1 14. Taxation, exemptions, 2-5404. Religious worship-- Interference with, 2-112. Taxation of places of, exemption, 2-5404. Remonstrance, right of, 2-124. Removal of county officers, 2-7901. Repair of public buildings and bridges, taxation for, 2-5501, 2-5701. Repeal-- Code of Georgia, 2-1916. Statutes, 2-1916. Reporter of Court of Appeals, 2-3708. Reports of cases decided by Supreme Court and Court of Appeals, 2-3708. Representatives, see General Assembly, ante. Reprieves, 2-3011. Rescue or attempt to rescue persons arrested by order of General Assembly, 2-1902. Reserves for public improvements, taxation for, 2-5701. Residence of voters, 2-703, 2-704. Residence requirements of officers, see specific heads, post and ante. Resolutions, see Acts and resolutions of General Assembly, ante. Approval, 2-3016. Retirement funds for county officers and employees, taxation for, 2-5701. Retirement systems-- County officers and employees, taxation to raise funds, 2-5701. Increase in benefits, providing for, proposed amendment, 2-5402. State employees, 2-8201, 2-8202. Teachers, taxation for, 2-5502. Retroactive operation of acts and resolutions, 2-302. Returns of election, making to Secretary of State, 2-1201. INDEX CONSTITUTION OF STATE--Conl'd. Revenue anticipation certificates, authority to issue and method of payment, 2-6005. Revenue bills, 2-1909 to 2-1912, 2-3015. Revenue bonds-- Cities and counties, issuance by certain, 2-6001,2-6005. Student loans, 2-5402. Review of cases, 2-3704, 2-3708. Revival of corporate charter. 2-2601. Reward for bringing in first producing oil well, 2-5402. Richmond county- Superior court, 2-4701. Rights, bill of, see Bill of rights, ante. Rights of people, see Freedom, ante. Attorney at law, prosecution and defense by, 2-104. Bearing arms, 2-122. Courts, to, 2-104. Enumeration of, not denial of others, 2-502. Governmental, 2-501, 2-502. Inherent, denial of, 2-502. Personal liberty, 2-113, 2-116. Roads and revenues, commissioners of, power of General Assembly to provide, 2-7806. Roads, public-- Assumption by State of indebtedness for paving, etc., 2-5605. Court of ordinary's powers in relation to, 2-4102. Taxation for construction and maintenance, 2-5501, 2-5701. Rubber, taxation, exemption of plants, 2-5405. Rural electrification corporations, exemption from taxation, 2-5404. Rural housing projects, homestead exemption, 2-5404. Sailors, see Soldiers and sailors, post. Salaries-- Attorney General, 2-3102. Changing by General Assembly, 2-2301. Comptroller General, 2-3102, 2-3105. County officers, 2-7902. Court of Appeals, Judges, 2-4701. Elective officials, manner of changing, 2-2301. Governor, 2-3001. Officers and employees, public, change, 2-2301. Public Service Commission members, 2-2703. School Superintendent, Sta te, 2-6601. School superintendents, county, 2-6901. Secretary of State, 2-3 102, 2-3105. Solicitors general, 2-4701, 2-4702. Superior court judges, 2-4701. Supreme Court Justices, 2-4701. Treasurer, State, 2-3102, 2-3105. Treasurers, county, 2-7806. Sales-- Homestead property, 2-7601. Intoxicating liquors on election days, punishment prescribed by General Assembly, 2-1101. Lottery tickets, 2-204. State property, authorizing, 2-5608. Western and Atlantic Railroad, disposition of proceeds, 2-5608. Sanitation, 2-5702. Savannah-- City courts, 2-3704, 2-3708. Educational tax, 2-7501. Historic zones, establishing, Constitution of State, Art. XI. Independent school system tax, 2-7501. CONSTITUTION OF STATE--Cont'd. Scholarship Commission, authority for, 2-5402. Scholarships, grants for, 2-5402. School lunches, taxation for, 2-5501, 2-5701. School superintendent, county-- Change in law by referendum as to, 2-6902. Election, etc., 2-6901. School Superintendent, State-- Election, 2-3001, 2-3101, 2-6601. Eligibility requirements, 2-3104. Executive secretary of State Board of Education, compensation, 2-6601. Information, giving at request of Governor, 2-3017. Salary, 2-6601. Suspension, 2-3017. Schools-- Adults, establishment for. 2-5901. Area school districts, boards of education and school superintendents, 2-7201. Colored persons, for, 2-6401. Common, 2-6401. Compulsory attendance, 2-4102. Consolidation of, 2-7201. Contracts, 2-7202. Employees retirement, 2-5502.1. Exceptional children, establishment of schools for, 2-5901. Gifts, acceptance by independent systems, 2-7402. Independent school systems-- Area school districts, boards of education, and school superintendents, 2-7201. Chatham county, educational tax, 2-7501. Colleges, addition to existing systems, 2-7001. Contracts with other systems, 2-7202. Donations, bequests and grants to, 2-7402. Establishment of new systems prohibited, 2-7001. Existing systems, maintenance, 2-7001. Grants to, 2-7402. Instruction of essentials of Constitution in, 32-706. Local systems, 2-7301, 2-7501. Local taxation for, 2-7501. Municipal corporations, 2-5404, 2-5801, 2-7001. Protection of systems established prior to Constitution of 1877, 2-7301. Public- Borrowing by State to pay teachers, 2-5601. Colored persons, for, 2-64.01. County systems, 2-6801. Free tuition, 2-6401. General appropriation bill, 2-1909. Independent school systems, 2-5701, 2-7001, 2-7201, 2-7402. Jurisdiction of court of ordinary in cases arising under law, 2-4102. Local systems, 2-7301, 2-7501. Municipal support, 2-5801. Separation of races, 2-6401. Taxation-- Counties, by, 2-5701, 2-7501. Exemption, 2-5704. Municipal corporations, by, 2-5801. State, by, 2-5501, 2-6401. Teachers, 2-5601, 2-6801. Trustees, 2-6801. Races separated in, 2-6401. Tax exemption, 2-5404. Taxation for, local, 2-7501. CONSTITUTION OF STATE--Cont'd. Schools--Cont'd. Teachers, see Teachers, post. Transportation and care of pupils, 2-7201. Scire facias, jurisdiction of superior courts to issue writes, 2-3095. Seafood, promotion of, 2-5 501.1. Seal, Great, of State, order as to affixing, 2-3201. Search warrant, affirmation, 2-116. Searches and seizures, unreasonable, 2-1 16. Second in authority, 2-8002. Secretary of State-- Bond, 2-3104. Clerical expenses, 2-3102. Corporation charters, grant, 2-1917. Duties and authority, 2-3102. Election, 2-3101. Eligibility, 2-3104. Expenses of Department, 2-3102. Fees, 2-3105. Great seal, custody of, 2-3201. Information, giving at Governor's request, 2-3017. Perquisites, 2-3 105. Returns of elections, 2-1201. Salary, 2-3102, 2-3105. Suspension, 2-3 107. Term of office, 2-3001,2-3101. Traveling expenses, 2-3105. Sects or sectarian institutions, appropriations of public money to. 2-114. Seizures, unreasonable, 2-1 16. Self-incrimination, compelling, 2-106. Seminaries of learning, tax exemption, 2-5404. Senate, see General Assembly, ante. Senatorial districts-- Change, 2-1401. Number, 2-1401. Sentences, see Punishment, ante. Commutation of, 2-3011. Separate property of married woman, 2-2801. Servitude, involuntary, 2-117 Sewage disposal, tax exemption of property held for purpose of providing, proposed amendment, 2-5404. Sewerage, 2-5702. Sheriffs, taxation for paying, 2-5701. Signatures-- Acts of General Assembly, 2-1913, 2-1921. Bills, resolutions, etc., signing by governor, 2-1921,2-3015,2-3016. Silk, tax exemption of plants for manfacturing or processing, 2-5405. Sinking funds-- Bonds, for, 2-6101. Counties, 2-5701,2-6101. Debt, 2-5501. Investment in State and U. S. bonds, 2-5609. Municipal corporations, 2-6101. State debt, 2-5609. Subdivisions of State, 2-6101. Slander, truth as defense, 2-201. Slavery abolished, 2-117. Slum clearance, 2-8501. Social status of citizens, legislation as to, 2-118. Soldiers and sailors, see Militia, ante. Civil service, preference, 2-1924. Pensions, 2-5501. Quartering, 2-119. Solicitors general, see District attorneys, ante. INDEX CONSTITUTION OF STATE---Cont'd. Speaker of House of Representatives, see General Assembly, ante. Special laws-- Corporations, benefit, of, 2-2601. General law, enactment in case of, 2-401. Notice of intention to apply for passage of local bill, 2-1915. Special privileges or immunities, 2-302. Special session laws, 2-3012. Speech, liberty of, 2-115, 2-1903. Speedy trial, 2-105, State boards, departments, officers, etc., see substantive heads, ante and post. State of Georgia-- Aid by, forbidden, 2-5604. Assumption of debt of county, municipality, etc., 2-5605. Civil service, equal preference to war veterans, 2-1924. Code, amendment or repeal, 2-1916. Credit, loan of, 2-5604. Debt, see Debt, ante. Employees, see Employees of State, ante. Merit system in selection, 2-8201 2-8202. Taxation to secure social benefits for, 2-5501. Investment of sinking fund in State or Federal bonds, 2-5609. Joint owner in company, etc., 2-5604. Loan of sinking fund to Treasurer of State, 2-5609. Pledge of credit, 2-5604. Property of, sale to pay bonded indebtedness, 2-5608. Public facilities, contracts for use of, 2-5901. Rights, 2-501. Seal, 2-3201. Sinking fund, 2-5609. Stockholder in corporation, 2-5604. Taxation to support government, 2-5501. Powers of, 2-5402. Treason against, 2-202. Void bonds, payment, etc., 2-5607. State rights, 2-501. State, Secretary of, see Secretary of State, ante. Status of citizen, social, legislation as to, 2-118. Statutes, see Acts and resolutions of General Assembly, General Assembly, ante. Amendment, 2-1916. Attainder, bills of, 2-302. Bills of attainder, 2-302. Code of Georgia, amendment or repeal, 2-1916. Ex post facto, 2-302. Future operation, 2-302. Georgia Code, amendment or repeal, 2-1916. Impairment of obligation of contracts, 2-302. Local laws, notice of intention to apply for passage, 2-1915. Repeal, manner, 2-1916. Retroactive, 2-302. Subject matter, 2-1908. Taxes, levy and collection under general laws, 2-5403. Zoning and planning, 2-1923. Statutorv. tax exemption, 2-5404. Street railroads-- Consent of town or city to construction, 2-1925. Construction authorized, 2-1925. Student loans, 2-5402. Subsidiary corporations, tax exemption of common voting stock, 2-5404. 18 CONSTITUTION OF STATE--Cont'd Superior courts-- Alimony, jurisdiction in cases involving, 2-3901. Appeals, 2-3904. 2-4101, 2-4202. Certiorari, granting writ, 2-3905. Change of venue, 2-5001. Court of Appeals, jurisdiction to correct errors, etc., 2-3708. Divorce proceedings, 2-3901, 2-4901. Eastern circuit, additional judge, 2-3801, note. Hearing in vacation at chambers, 2-3908. Judges, 2-1917, 2-3702, 2-3708, 2-3801 to 2-3803, 2-3908, 2-3909, 2-4001, 2-4301,2-4701, 2-4801. City courts, alternating with, 2-4001. Corporation charters, granting, 2-1917. Disqualified, 2-3909. Election by voters within circuit, 2-3802. Eligibility requirements, 2-4801. Judgments, 2-3907. Jurisdiction, 2-3901 to 2-3905. See Jurisdiction, ante. Jury trial, 2-3907. New trials, grants of, 2-3906. Scire facias, jurisdiction to issue writs, 2-3095. Sessions, 2-3908. Supreme Court, jurisdiction to correct errors, etc., 2-3704. Venue-- Change of, 2-4906,2-5001. Divorce proceedings, 2-4901. Equity cases, 2-4903. Land title cases, 2-4902. Support of, affirmation, 2-1605, 2-3009. Supreme Court-- Affirmance of decision of trial court by non-prosecution of case at proper term, 2-3705. Alimony, jurisdiction in cases involving, 2-3704. Appointment of member by Governor, 2-3703. Attorney General, duty to represent State in capital felonies, 2-4502. Bias of Justices, 2-3702. Bill of exceptions, delay in transmission, 2-3705. Capital felonies, Attorney General to represent State, 2-4502. Certiorari to or from Court of Appeals, 2-3704, 2-3708. Chief Justice-- Election, 2-3701. Impeachment, 2-1704. Presiding officer in impeachment trials, 2-1704. Costs, 2-5302. Decisions binding on Court of Appeals, 2-3708. Delay in filing cases in, due to illness, etc., of clerk of trial court, 2-3705. Dismissal of writ of error because of delay in transmission of bill of exceptions or record of case, 2-3705. Disposition of cases, 2-3705. Divorce cases, jurisdiction in, 2-3704. Docket, 2-3708. Equal division of Justices, 2-3704, 2-3708. Hearing and determining case, 2-3707. Instructions to Court of Appeals, 2-3708. Judgment withheld, when, 2-3706. Jurisdiction, 2-3704. 19 CONSTITUTION OF STATE--Cont'd Supreme Court--Cont'd. Justices, 2-1704, 2-3002, 2-3701, 2-3703, 2-4701, 2-4801, 2-4802. Bias of, 2-3702. Chief Justice-- Election and duties, 2-3701. Impeachment trials in Senate, presiding officer, 2-1704. Disqualification, 2-3702. Election, 2-3701, 2-3703. Eligibility requirements, 2-4801. Number, 2-3701. Juvenile court procedures, review of, 2-3709. Presiding Justice, 2-3701. Presiding officer in trial of impeachments, 2-1704. Salaries, 2-4701. Superior court judges, designation to preside, 2-3702. Terms of office, 2-3703. Vacancies in office, 2-3703. Quorum, 2-3701. Reporter, 2-3708. Solicitors general, duty to represent State, 2-4602. Superior court judges designated to preside, when, 2-3702. Term at which cases to be disposed of, 2-3705,2-3708. Transfer of cases to or from Court of Appeals, 2-3704,2-3708. Writ of error, 2-3704, 2-3705, 2-3708. Supreme law, what constitutes, 2-8001. Surrendering power to lax, 2-5401. Suspension-- Constitutional officers or department heads, 2-3017. Habeas corpus, writ of, 2-11 1. Sentence of death, execution of, 2-3011. Taxing power, 2-5401. Tariffs-- Carriers, regulation, 2-2401. Railroad freight and passenger, 2-2401, 2-2402. Regulation, 2-2401. Tax collectors-- Offices of, and tax receiver, consolidation, 2-7806. Registrars in certain counties, 2-8401, note. Tax commissioners, compensation, 2-7806. Taxation-- Ad valorem-- Exemptions, 2-5404, 2-5405. Homestead exemption, 2-5404. Intangibles, exemption, 2-5404. Limitation on, 2-5402. Public utilities, 2-5504. School districts, exemption, 2-5404. Subsidiary corporation not doing business in State, exemption, 2-5404. Advertising and promoting agricultural, industrial, etc., resources of State, 2-5501. Aged persons, assistance to, 2-5501, 2-5701. Agricultural and home demonstration agents, to pay, 2-5701. Agricultural and industrial resources of State, promotion of, 2-5501. Agricultural products-- Exemption, 2-5404. Promotion of, 2-5501.1. Air pollution, exemption for facilities installed to prevent, 2-5404. Airports and landing fields, for funds for acquisition, etc., 2-5501, 2-5701. Allocation of funds from gasoline, 2-6204. Amount of levy, 2-5402. Animals, domestic, exemption, 2-5404. INDEX CONSTITUTION OF STATE--Cont'd. Taxation--Cont'd. Associations, exemptions, 2-5404. Automobiles, 2-5404. Baled cotton, exemption, 2-5404. Blind persons, for assistance to, 2-5501, 2-5701. Bonded indebtedness of county, to pay or reduce, 2-6006, 2-6007. Books, exemption, 2-5404. Bridges, building and repairing, 2-5701. Business licenses, counties, 2-5701. Cemeteries, exemption, 2-5404. Charitable agencies, exemption, 2-5404. Charity institutions, public, exemption, 2-5404. Cheese plants, exemption, 2-5405. Churches, exemption, 2-5404. Cities, by, 2-5801. Classification of property, 2-5403. Clays, plants for processing, exemption, 2-5405. Clothing, exemption, 2-5404. Collection, 2-5403. Colleges, exemptions, 2-5404. Common schools, for, 2-6401. Confederate soldiers, pensions, 2-5501. Conservation, for, 2-5701. Contract suspending or surrendering power of, 2-5401. Cooperative rural electrification corporations, exemption, 2-5404. Coroners, for payment of, 2-5701. Corporations, 2-303, 2-5401, 2-5404. Cooperative rural electrification, exemption, 2-5404. Exemption, revocation of, 2-303. Subsidiary, common voting stock of, 2-5404. Suspending or surrendering power to tax, 2-5401. Cotton- Baled, exemption, 2-5404. Plants for manufacturing or processing, exemption, 2-5405. Counties -- Administration ot county government, 2-5701. Aged persons, assistance to, 2-5701. Agricultural and home demonstration agents, payment of, 2-5701. Airports, for acquisition, improvement, and maintenance. 2-5701. Blind persons, payment of assistance to. 2-5701. Bonds, payment of, 2-6002. Bridges, building or repairing, 2-5701. Buildings, constructing or repairing, 2-5701. Coroners, to pay, 2-570 1. Courts, for expenses of, 2-5701. Debt, to pay, 2-5701, 2-6002. Delegation of power to, 2-5701. Dependent children, for assistance of, 2-5701. Districting of counties, 2-5702. Districts, taxing, 2-5703. Educational, 2-5701, 2-7501. Exemptions, 2-5404. Expenses, payment of, 2-5701. Fire protection, 2-5701, 2-5702. Fires in forest lands, for protection against, 2-5701. Garbage disposal in certain counties, 2-5701, note. Governmental expenses, for, 2-5701. Health purposes^ 2-5701. Homestead exemption, 2-5404. Hospitalization of indigents, 2-5701. Improvements, reserves for, 2-5701. Indigent sick, for hospitalization of, 2-5701. Interest on debts, payment of, 2-5701. Levy, limitation on, 2-5701. Libraries, for, 2-5701. CONSTITUTION OF STATE--Cont'd. Taxation--Cont'd. Counties--Cont'd. License fees and taxes, authority to levy, 2-5701, note. Limitations, 2-5801, 2-7501. Litigation, payment of expenses of, 2-5701. Local, for public schools. 2-7501. Medical attention for indigent sick, 2-5701. Natural resources, for conservation of, 2-5701. Needy persons, payment of assistance to, 2-5701. Old-age assistance, providing, 2-5701. Ordinary's powers in relation to, 2-4102. Parks, for acquisition, improvement, and maintenance, 2-5701. Paupers, medical care and hospitalization for, 2-5701. Pensions, 2-5502, 2-5701. Police, to pay, 2-5701. Powers of, 2-5701. Principal and interest on debts, 2-5701. Prisoners, support of, 2-5701. Public improvements, for, 2-5701. Purposes, 2-5701, 2-5702, 2-6002, 2-7501. Repair of public buildings and bridges, 2-5701. Reserves for public improvements, 2-5502,2-5701. Restrictions, 2-5701, 2-5801. Retirement funds for officers and employees, providing, 2-5701. Retirement system for teachers. 2-5502. Roads, construction and maintenace of, 2-5701. Sanitation systems, providing, 2-5702. Schools, power to tax for, 2-5701, 2-7501. Sewerage systems, providing, 2-5702. Sheriffs, payment of, 2-5701. Sinking fund to pay debts, for, 2-5701. Tax commissioner, 2-7806. Tax receivers and tax collectors, offices consolidated, 2-7806. Taxing powers, 2-5404, 2-5701, 2-5702, 2-5801, 2-6002, 2-7501. Teachers, retirement of, 2-5502, 2-5701. Vital statistics records, for collection and preservation of, 2-5701. Waterworks system, providing, 2-5702. Welfare benefits, payment of, 2-5701. Workmen's compensation for office and men, providing, 2-5701. County agricultural and home demonstration agents, payment of, 2-5701. County police, payment of, 2-5701. County purposes, for, 2-5701, 2-5702. Courts, for expenses of, 2-5701. Creamery plants, exemptions, 2-5405. Debt, public, for purpose of paying principal and interest on, 2-5501, 2-5609. Debts of political divisions, to pay, 2-6002. Defaulters as ineligible to General Assembly membership, 2-1606. Defense of State in time of war, 2-5402, 2-5501,2-5601. Delegation of power to counties, 2-5701. Dependent children, assistance of, 2-5501, 2-5701. Docks, to construct and maintain, 2-5501. Domestic animals, exemption, 2-5404. Donations or gratuities, 2-5402. CONSTITUTION OF STATE--Cont'd. Taxation--Cont'd. Education-- Counties, by, 2-5701, 2-7501. Exemption of property of educational institutions, 2-5404. Local taxation, 2-7501. Municipal corporations, by, 2-5801. Purposes, 2-5501, 2-5701, 2-6401, 2-7501. State, by, 2-5501,2-6401. Electricity, exemption of plants producing, 2-5405. Employees of State, to extend benefits to, 2-5501. Endowments, institutions established for white or colored people, 2-5404. Equalization, debt created for purposes of, 2-6001. Exemptions-- Aged persons with certain income, 2-5404. Charter of corporation, granted in, revocation,-2-303. Development Authorities, 2-6005.1. Disabled veterans, 2-5404. Student loan program, 2-5402. Transportation of passengers for hire, public, 2-8603. Farmers, homestead and produce exemptions, 2-5404. Fire protection of forest lands, providing, 2-5701. Firemen, pensions for, 2-5505. Forest lands, for protection against fires in, 2-5701. Furniture, exemption, 2-5404. Game and Fish Commission employees, retroactive pay raise for, 2-5402. General Assembly, powers of, 2-5401. 2-5403. General fund, revenue to be paid into 2-5503. General laws, requirement, 2-5403. Health, for purposes of pubUc, 2-5501, 2-5701. Highways, to construct and maintain, 2-5501. Home demonstration agents, to pay, 2-5701. Homestead exemption, 2-5404. Hospitals, exemptions, 2-5404. Household furniture exemption, 2-5404. Implements of trade of manual laborers, exemption from taxation, 2-5404. Improvements, public, for, 2-5701. Inalienability of right, 2-5401. Indebtedness, payment of, 2-5501, 2-5701. Indestructibility of right, 2-5401. Indigent persons, to provide assistance, etc., for, 2-5501,2-5701. Industrial promotion in certain counties, 2-5701, note. Industrial resources of State, for advertising and promoting, 2-5501. Industries, exemptions, 2-5405. Industry and Trade, Department of, expenditures in securing new industry, etc., 2-5402. Insurrection, for purpose of suppressing, 2-5402,2-5501,2-5601. Intangible property, 2-5403, 2-5404. Interest, payment of public debt, 2-5501. 2-5609. Invasion, for repelling, 2-5402, 2-5501, 2-5601. Inventories, of, proposed amendment, 2-5403. Irrevocable limitation, etc., of right prohibited, 2-5401. Kitchen furniture, exemption, 2-5404. Labor, exemption, 2-5404. INDEX CONSTITUTION OF STATE--Cont'd. Taxation--Cont'd. Levy-- Amount, 2-5609. General laws, 2-5403. Limitation, 2-5402, 2-5403, 2-5801. Libraries-- Exemption, 2-5404. For, 2-5701. Limitation on, 2-5402, 2-5403, 2-5801. Limiting or restraining right, 2-5401. Linen, exemption of plants tor manufacturing or processing, 2-5405. Literary associations or societies, exemption, 2-5404. Litigation, to pay expenses of, 2-5701. Local, for public schools, 2-7501. Manufacturing plants, exemption ot certain, 2-5405. Medical attention for indigent sick, 2-5701. Metal manufacturing or processing plants, exemption, 2-5405. Methods for different classes of property, 2-5403. Money, 2-5403. Motor vehicles, 2-5404. Municipal-- Assessment, counties having city of more than 300,000 population, 2-7806. Bonds, payment of, 2-6002. Exemptions, 2-5404. Purposes of, 2-5801. Teachers retirement system, for, 2-5502. Municipal debts, to pay, 2-6002. Municipal power, 2-5801. Natural resources, for preservation of, 2-5701. Needy persons, for assistance of, 2-5501, 2-5701. Nonmetallic minerals, exemption of plants for manufacturing or processing, 2-5405. Nonprofit rural electrification corporations, exemption, 2-5404. Old-age assistance, 2-5501, 2-5701. Ordinaries retirement system, for, 2-5506. Paintings, exemption, 2-5404. Parks, acquisition, etc., of, 2-5701. Paupers, support of, 2-5501, 2-5701. Payment of revenue into general fund, 2-5503. Peace officers annuity and benefit fund, 2-5506. Pensions-- Confederate soldiers and widows, 2-5501. County officers and employees, 2-5701. Firemen, 2-5505. Teachers, 2-5502. Personal clothing, exemption, 2-5404. Personal property, exemption, 2-5404. Philosophical apparatus, exemption, 2-5404. Police, to pay, 2-5701. Political divisions of Slate-- Bonds, payment of, 2-6002. Exemptions, 2-5404. Purposes, 2-5801. Poll tax, 2-5402. Power of, 2-5401, 2-5402,2-5501. Prisoners, for maintenance and support, 2-5701. Property, public, exemption, 2-5404. Property subject, 2-5403. Public debt, payment, 2-5501, 2-5609. Public health purposes, 2-5701. Public improvements, 2-5701. Public property, exemption. 2-5404. Public purposes, 2-5403. Public utilities-- Ad valorem. 2-5504. Returns of, 2-5504. 20 CONSTITUTION OF STATE---Cont'd. Taxation--Cont'd. Purposes, 2-5403, 2-5501. 2-5701. Rate, 2-5402, 2-5403. Religious institutions, property held in trust for, 2-5404. Religious societies, exemption, 2-5404. Religious worship, places of, exemption, 2-5404. Repairs on public buildings and bridges, for, 2-5501, 2-5701. Reserves for public improvements, 2-5701. Resources of state, advertising, 2-5501. Restraining right of, prohibited, 2-5401. Retirement funds for county officers and employees, 2-5701. Retirement system for teachers, 2-5502. Returns by public utilities, 2-5504. Revenue from, payment into general fund of State treasury, 2-5503. Revocation of exemption where granted in corporate charters, 2-303. Right of, 2-5401. Roads, building and maintaining, 2-5501, 2-5701. Rubber plants, exemption, 2-5405. Scholarships for children of disabled law enforcement officers, firemen and prison guards, 2-5402. School employees retirement, 2-5502.1. School lunches, 2-5501, 2-5701. Schools-- Exemption, 2-5404. Freedom from compulsory association, 2-7053. Increasing or removing tax rate, 2-7501.1. Local taxation for. 2-5701. Public- Counties, by, 2-5701, 2-7501. Exemption, 2-5704. Municipal corporations, 2-5801. State. 2-5501, 2-6401. Seminaries of learning, exemption, 2-5404. Sheriffs, payment of, 2-5701. Silk manufacturing or processing plants, exemption, 2-5405. Sinking fund for debts, etc., 2-5609, 2-5701, 2-6101. Slum clearance, for, 2-8501. Sovereign right. 2-5401. Slate government, support of, 2-5501. State, powers of, 2-5402. Statutory, exemption, 2-5404. Student loans, 2-5402. Subsidiary corporations, exemption of common voting stock, 2-5404. Tangible property, 2-5403. Tax commissioners in counties, 2-7806. Tax receiver and tax collector, consolidation of offices, 2-7806. Teachers pensions, payment of, 2-5502. Tools, exemption, 2-5404. Trade, tools and implements of, exemption, 2-5404. Transportation of passengers for hire, public, 2-8601, 2-8603, 2-8604. Treasury, State, revenue paid into general fund of, 2-5503. Trusts, intangible property held in, for charitable institutions, exemption, 2-5404. Uniformity, 2-5403. Veterans, disabled, exemption for, 2-5404. Vital statistics, collection and preservation of records, 2-5701. War-time defense of State, 2-5402, 2-5501, 2-5601. Water pollution, exemption for facilities installed to prevent, 2-5404. Welfare benefits, payment of, 2-5501, 2-5701. 21 CONSTITUTION OF STATE--Cont'd Taxation--Cont'd. Wood, exemption of plants for processing 2-5405. Wool, exemption of plants for processing, 2-5405. Workmen's compensation, providing for, 2-5701. Taxing districts, counties, 2-5703. Teachers-- Borrowing to pay, 2-5601. Employment, 2-6801. Payment of, 2-5601. Pensions, taxation for, 2-5502. Retirement system, power to tax for, 2-5502. Scholarships for citizens who wish to become, 2-5402. Teachers Retirement System-- County taxation for, 2-5502, 2-5701. Indebtedness for, 2-5502. Telegraph companies, 2-1917. Temporary loans, county debts, 2-6004. Third in authority, 2-8003. Tidewater land, title, 2-601. Timber, promotion of, 2-5501.1. Title- Acts of General Assembly-- Amendment by reference to, 2-1916. Reading, 2-1907. Repeal by reference to, 2-1916. Validity as affected by, 2-1908. Bills in General Assembly, reading, 2-1906. Land-- Supreme Court's jurisdiction in cases relating to, 2-3704. Tidewater lands, confirmation, 2-601. Venue of suits relating to, 2-4902. Tools, tax exemption, 2-5404. Tourism, promotion of, 2-3505.1. Trade, tools and implements of, tax exemption, 2-5404. Traffic laws, jurisdiction of offenses under, 2-4102. Transportation of passengers for hire-- Construction of Article, 2-8605. Eminent domain, 2-8601, 2-8602. Metropolitan transportation recognized as governmental function, 2-8601. Public corporation or Authority-- Creation of, 2-8601. Municipality or county contracting with, 2-8604. Statutory enactments. 2-8605. Taxation, 2-5501. Exemptions, 2-8603. Levy of, 2-8601,2-8604. Traveling expenses, Comptroller General, 2-3105. Treason-- Aid and comfort to enemies of State, 2-202. Clemency in cases of, 2-3011. Definition of, 2-202. Disfranchisement of persons convicted of, 2-801. Electors guilty of, nonprivilege from arrest, 2-901. Evidence, 2-202. General Assembly, privilege of members from arrest, 2-1903. Office, holding of, by convicted persons, 2-801. Pardon of person convicted of, 2-3001. Proof of, 2-202. Sentence for, suspension, 2-301 1. Session of Senate, continuance until completion of trial, 2-1603. Treasurer, county-- Abolition of office of, 2-7806. Compensation, 2-7806. INDEX CONSTITUTION OF STATE--Cont'd. Treasurer, State-- Bond, 2-3104. Deposits with by insurance companies, 2-2904. Duties and authority, prescribing by General Assembly, 2-3102. Election, 2-3101. Eligibility requirements, 2-3104. Fees and perquisites, 2-3105. Information, supplying to Governor, 2-3017. Perquisites, 2-3105. Profit from use of public money, 2-3103, 2-5606. Salary, 2-3102, 2-3105. Sinking fund of State, loan, 2-5609. State debt, supplying temporary deficit in, 2-5601. Suspension, 2-3017. Tax revenue paid into general fund of, 2-5503. Term of office, 2-3001, 2-3101. Traveling expenses, 2-3105. Treaties-- Jurisdiction of Supreme Court of cases involving, 2-3704. Supreme law, 2-8001. Trespassers, venue of suits against joint, 2-4904. TrialChange of venue, 2-4906, 2-5001. Impeachments, 2-1703, 2-1704. Jury, by, 2-105, 2-201, 2-4102, 2-5101 to 2-5103. New trials, 2-201. Public and speedy, 2-105. Venue, 2-4901 to 2-4906, 2-5001. See Venue, post. Trolleys, revenue anticipation obligations issued to purchase, 2-6005. Trover, jurisdiction, 2-4202. Trust companies, charter, 2-1917. Trust, right to hold office of, as unaffected by religious opinion, 2-113. Trustees-- Homestead exemption, 2-7601. Public officers as, 2-101. Public schools of counties, 2-6801. Trusts, tax exemption of intangible property held for charitable institutions, 2-5404. Truth as defense for libel and slander, 2-201. Unconstitutional laws, declaring void, 2-402. Uniform operation-- Courts, 2-4401. General laws, of, 2-401. Uniformity-- County and municipal systems of government, 2-8301. Courts, 2-4201,2-4401. Civil court of Fulton county as not subject to rule, 2-4201. Justices of the peace as not subject to rule, 2-4201. Government, of, 2-7806, 2-8301. Taxation, 2-5403. United States-- Bonds and securities, investment of State sinking fund in, 2-5609. Citizens protected, 2-125. Constitution-- Ability of electors to read, 2-704. Jurisdiction of Supreme Court of case involving construction of, 2-3704. Supreme law of State, 2-8001. Divorce suits by residents of army posts or military reservations, venue, 2-4901. Laws-- Jurisdiction of Supreme Court of cases' involving constitutionality, 2-3704. Supreme law of State, 2-8001. CONSTITUTION OF STATE--Cont'd. University of Georgia-- Board of Regents of the university system-- Creation, duties, etc., 2-6701. Gifts, acceptance of, 2-7401. Governor, exclusion from membership, 2-6701. Grants, bequests and donations to, 2-7401. Information, giving at Governor's request, 2-3017. Membership, 2-6701. New Board, 2-6701. Number of members, 2-6701. Powers, 2-6701. Reorganization, 2-6701. Suspension, 2-3017. Terms of office, 2-6701. Vacancies in office, 2-6701. Unjust discrimination, railroads and public utilities, 2-2401. Unreasonable searches and seizures, 2-116. Unusual punishment, 2-109. Utilities, public, see Public utilities, ante. Vacation of courts, 2-3908. Venue-- Acceptor of bill of exchange, suits against, 2-4905. Bills of exchange, actions on, 2-4905. Change, 2-4906, 2-5001. Civil cases, 2-4906. Copartners, suits against, 2-4904. Criminal cases, 2-4906. Divorce actions, 2-4901. Drawer of bill of exchange, suits against, 2-4905. Equity, suits in, 2-4903. Indorsers of notes, actions against, 2-4905. Joint obligors, promisors, or trespassers, of suits against, 2-4904. Land title, cases involving, 2-4902. Maker of note, suits against, 2-4905. Military reservations, divorce suits by residents of, 2-4901. Negotiable instrument, action on, 2-4905. Partners, suits against, 2-4904. Superior courts, 2-4901, 2-4902, 2-5001. Title, suits respecting, 2-4902. Trespassers, joint, cases against, 2-4904. Trials, of, 2-4901 to 2-4906, 2-5001. Veterans-- Civil service, preference, 2-1924. Disabled, tax exemptions, 2-5404. Pensions, ex-Confederate soldiers and widows, 2-5501. Veterans Service Board, membership on, 2-3501. Veterans Service, State Board of-- Creation, powers, etc., 2-3501. Information, supplying to Governor, 2-3017. Suspension, 2-3017. Vacancies, 2-3501. Veterans Service, State Department of, 2-3501. Veto-- Bills or resolutions, by Governor, 2-1921, 2-3015, 2-3016. See Governor, ante. Passage over veto, 2-1921, 2-3015, 2-3016. Constitutional amendments proposed by General Assembly, 2-8103. Override of veto, 'proposed amendment, 2-3015. Vital statistics, taxation for collection and preservation of records, 2-5701. Vocational Education, State Board of, administration of Federal funds, 2-5402. Void Acts, 2-402, 2-6205. Voters, see Elections, ante. CONSTITUTION OF STATE Cont'd. WarBonds, etc., issued during war between States, payment, 2-5607. Civil service, equal preference to veterans of war, 2-1924. Debt incurred for purpose of defending State, 2-5601, 2-5602, 2-5605. Levying against State as treason, 2-202. Pensions, ex-Confederate soldiers and widows, 2-5501. Quartering soldiers, 2-119. Taxation for defending State, 2-5402, 2-5501,2-5601. Treason against State, 2-202. Veterans Service Board, 2-3501. War veterans, see Veterans, ante. Warrants-- Arrest, for, 2-116. Court of ordinary's jurisdiction to issue. 2-4102. Searches and seizures, 2-116. Water pollution, tax exemption for facilities installed to prevent, 2-5404. Water supply, tax exemption of property held for purpose of providing, proposed amendment, 2-5404. Waterworks-- County, 2-5702. Local amendment authorizing revenue certificates for, 2-6001, note. Weapons, keeping and bearing, 2-122. Welfare benefits, taxation for, 2-5501, 2-5701. Western and Atlantic Railroad, 2-5608. Whipping prisoners, 2-107. Widows of Confederate soldiers, pensions, 2-5501. Wife and husband, see Husband and wife, ante. Wife's separate estate, liability for husband's debts, 2-2801. WillsEducation, county boards of, bequests to, 2-7402. Education. State Board of, bequests to, 2-7401. Independent school systems, bequests to, 2-7402. Supreme Court's jurisdiction of cases involving, 2-3704. University system, Board of Regents, bequests to, 2-7401. Witnesses-- Compulsory process, 2-105. Confronting accused with, 2-105. Crimination of self, compelling, 2-106. List of, furnishing to accused, 2-105. Self-incrimination, compelling, 2-106. Treason prosecutions, 2-202. WomenElectors, 2-702, 2-704. Jury service, 2-5102. Separate property of married women, 2-2801. Wood, tax exemption of plants for processing, 2-5405. Wool, tax exemption of plants for processing, 2-5405. Workmen's compensation-- County board of education providing, 2-5701. Tax to provide, 2-5701. Worship of God, 2-112, 2-113. Write-in votes, requirements as to, 2-120la. Writing paragraph of Constitution, ability of electors as to, 2-704. INDEX CONSTITUTION OF STATE--Cont'd. WritsElection, issuance by Governor, 2-3012. Error, 2-3704, 2-3705, 2-3708. Particular writs, see specific references Superior courts, granting by, 2-3905. Written instruments, great seal affixed to, when, 2-3201. Yeas and nays, see Acts and resolutions of General Assembly, ante. Appropriation bills, 2-1912. Constitution, amendment, vote of General Assembly, 2-8101. Elections by General Assembly, 2-2201. Journal entries, 2-1906, 2-1912, 2-1919, 2-2201,2-8101. Zoning laws-- Authority to enact, 2-1923. Independent governmental authorities in Atlanta and Fulton county, 2-1923. DEAF AND BLIND, SCHOOL BUILDING AUTHORITY FOR. Acceptance of contributions, 32-2825a. Accounts, 32-2829a. Bonds-- Conditions precedent to issuance. 32-2813a. Credit of State not pledged, 32-2814a. Denominations, 32-2806a. Form, 32-2806a. Interest, 32-2805a. Interim receipts and certificates, 32-281 la Issuance, amount, etc., 32-2805a. Legal investment, as, 32-382 la. Negotiability, 32-2808a. Notice of issuance, 32-2822a. Place of payment, 32-2806a. Price, 32-2809a. Proceeds from, 32-28 10a. Proceeds, payment to whom, 32-2815a. Protection of bondholder's interest, 32-2823a. Redemption before maturity, 32-2825a. Refunding bonds, 32-2820a. Registration, 32-2806a. Remedies of bondholder, 32-2819a. Replacement of lost or mutilated. 32-2812a. Sale of, 32-2809a. Seal, 32-2807a. Security for deposit, as, 32-282 la. Signatures, 32-2807a. Sinking fund, 32-2818a. Taxation, exemption from, 32-2808a. Temporary, 32-281 la. Trust indenture as security, 32-2816a. Validation of, 32-2822a. Venue and jurisdiction of actions upon. 32-2822a. Creation, members, etc., 32-2802a. Definitions, 32-2803a. Education Authority (Schools!, transfer of functions to, 32-1433a. Liberal construction of Chapter, 32-2827a. Moneys received as trust funds, 32-281 5a. Officers, 32-2802a. Powers, 32-2804a. Powers declared supplemental, 32-2828a. Revenues, use of, 32-817a. Rules and regulations-- In general, 32-2802a. Operation of projects, for, 32-2826a. Short title of Chapter, 32-2801a. Taxation, exemption from, 32-2824a. 22 DEAF, GEORGIA SCHOOL FOR THE. Appropriations for, 32-2804. Curricula, laws and regulations governing, 32-2802. Education, State Board of-- Authority, 32-2801. Control, transfer to, 32-2801. Trusts-- Continuance, 32-2805. Funds, use, 32-2804. Substituted in existing trusts, 32-2805. Funds, how used, 32-2804. Gifts to, 32-2804. Inapplicability of laws and regulations governing other schools. 32-2802. Public policy relating to, 32-2802. Teachers-- Laws and regulations governing, 32-2802. Textbooks-- Free, 32-716. Laws and regulations governing, 32-2802. Trust funds, administration, 32-2805. EDUCATION. Blind persons, see Blind, Academy for the Out-of-State education or rehabilitation, 32-441. Board of Regents of University System, see University of Georgia. Building Authorities-- Deaf and blind, 32-2801 et seq. See Deat and Blind, School Building Authority for. State School Building Authority, 32-140la, et seq. See School Building Authority, State. University, 32-101a et seq. See University of Georgia. Vocational schools, 32-2201a et seq. See Vocational Trade School Building Authority. Criminal provisions relating to law on, 32-9901 et seq. Exceptional children, for, 32-3501 et seq. Federal-aid funds, 32-417 to 32-419. Transportation. 32-423. Vocational and industrial schools. 32-2220. Grants for, 32-813 to|32-819.3 Illiterate adults, see Illiterate Adults Industry Services Advisory Committee. 32-3601 et seq. See Industry Services Advisory Committee. Libraries, public, promotion as part of system of public education, 32-2606. i Medical, see Medical Colleges', Medical Edacation Board, State. Loans and scholarships, 32-3005. Mental illness, scholarships for specialized training in. 32-301 1. Mentally retarded children. 32-81 2. Minimum foundation program, 32-601 et seq. See Minimum Foundation Program. Mule persons. out-of-State education or rehabilitation, 32-441. Pensions for teachers, see Teachers Retirement System. Preschool age handicapped children, of, 32-2806. RaceStudents' admission based on, 32-846, 32-847. Teachers' assignments based on, 32-848. Research bj Slate Board. 3 2-434 et seq. See Educat ion. State Board of. 23 EDUCATION -Conld Scholarships-- Appropriation of funds to be used to obtain funds from Federal Government for, 2-5402. Constitutional authority for grants, 2-5402. Specialized training in mental illness, 32-3011. School Building Authority, State, see School Building Authority, State. School busses, liability insurance, see School Busses. School superintendents, county, requirements, 32-1004. Schoolhouse districts, division of counties into, 32-1403.1, 32-1403.2. Schoolhouses, see Schoolhouses. State Board of, see Education, State Board of. Teachers retirement system, see Teachers Retirement System. Transporting pupils, see Minimum Foundation Program. Fixing salaries for, 32-611. University, see University of Georgia. Vocational, see Vocational Education. Vocational rehabilitation of disabled persons, 32-2301 et seq. See Vocational Rehabilitation. Vocational Trade School Building Authority, see Vocational Trade School Building Authority. EDUCATION AUTHORITY (SCHOOLS). GEORGIA. Acceptance of contributions, 32-1425a. Bonds-- Conditions precedent to issuance, 32-14)3a. Credit of State not pledged, 32-1414a. Denominations, 32-1406a. Form, 32-1406a. Interest, 32-1405a. Interim receipt and certificates, 32-141 la. Issuance, amount, etc., 32-1405a. Legal investment, as, 32-l420a. Negotiability, 32-1408a. Place of payment, 32-1406a. Price, 32-1409a. Proceeds from, 32-1410a. Proceeds, payment to whom, 32-1416a, Protection of bondholder's interest, 32-1424a. Redemption before maturity, 32-1405a. Refunding bonds, 32-1419a. Registration, 32-1406a. Remedies of bondholder, 32-1418a. Replacement of lost or mutilated, 32-1412a. Sale of, 32-1409a. Seal, 32-1407a. Security for deposit, as, 32-1420a. Signatures, 32-1407a. Sinking fund, 32-1417a. Taxation, exemption from, 32-1408a. Temporary, 32-141 la. Trust indenture as security, 32-1415a. Validation of, 32-1423a. Venue and jurisdiction of actions upon, 32-1422a. Creation, members, etc., 32-1402a. Deaf and Blind, School Building Authority for, transfer of functions, 32-1433a. Definitions, 32-1403a. Leases, authority to make, 32-1428a. Liberal construction of Chapter, 32-143 la. Minimum Foundation funds, 32-1414a. Moneys received as trust funds, 3 2-1426a. INDEX EDUCATION AUTHORITY (SCHOOLS). GEORGIA.--Cont'd. Officers, 32-1402a. Partial invalidity of law, effect, 32-1433a. Powers, 32-1404a. Declared supplemental and additional, 32-1430a. Revenues, use of 32-1427a. Rules and regulations, 32-1402a. Operation of projects, 32-1429a. Sales, tranfers, etc., authority to make, 32-1428a. Short title of Chapter, 32-1401a. Taxation, exemption from, 32-1421 a. Transfer ot I unctions--Stale School Building Authority for Deal and Blind, of, 32-1433a. Voca t i o n a I T rade S c hoo 1 Building Authority, of. 32-1432a. Vocational Trade School Building Authority functions transferred to, 32-1432u. EDUCATION AUTHORITY (UNIVERSITY), GEORGIA. Accounts, 32-1 3 lu. Bonds, see Revenue bonds, post. Contributions, acceptance of, 32-1 25a. Creation, members, etc., 32-102a. Definitions, 32-103a. Earnings, 32-1 27a. Liberal construction of law, 32-130a. Members, 32-102a. Moneys received as trust funds, 32-1 26a. Otficers, 3 2-102a. Partial invalidity of law, effect, 32-1 33a. Powers, 32-104a. Supplemental and additional. 32-1 29a. Quorum, 32-102a. Rentals, 32-1 27a. Revenue bonds-- Amount, 32-105a. Conditions precedent to issuance, 32-1 13a. Credit of State as not pledged, 32-1 14a. Denominations, 32-106a. Form, 32-106a. Interest, 32-105a. Interim receipts and certificates, 32-11 la. Issuance, 32-105a. Legal investments, as, 32-1 20a. Negotiability, 32-108a. Object of issuance, 32-1 13a. Place of payment, 32-106a. Power to issue, 32-105a. Price, 32-109a. Proceeds from-- Payments to whom, 32-116a. Use of, 32-110a. Protection of bondholder's interest, 3 2-124a. Redemption before maturity, 32-105a. Refunding bonds, 32-1 19a. Registration, 32-106a. Remedies of bondholders, 32-1 18a. Replacement of lost or mutilated bonds, 32-112a. Sale, 32-109a. Seal, 32-107a. Security for deposit, as, 32-1 20a. Signature, 32-107a. Sinking fund, 32-1 17a. Taxation, ecemption from, 32-108a, 32-1 21a. Temporary,. 32-11 la. Trust indenture as security, 32-115a. Validation of, 32-123a. Venue and jurisdiction of actions upon, 32-1 22a. Revenues, use of, 32-127a. Rules and regulations, 32-102a. For operation of projects, 32-128a. Short title of law, 32-101a. Taxation, exemption from, 32-121a. EDUCATION, COUNTY BOARDS OF. Agriculture, employment of extension work agents and teachers, 32-944, 32-2205. Annual meetings, 32-908. Appeal to State Board of Education from decisions of. 32-414, 32-910, 32-938, 32-1010. Appropriations, exceeding, 32-928. Borrowed money, responsibility for, 32-927. Borrowing money, power as to, 32-921. Budget, 32-945. Buildings, school, duties relating to, see Schoolhouses. Certificate of election, 32-905. Chairman, 32-9 12. Compulsory attendance law, administration and enforcement, 32-2107. See Schools, Public. Condemnation of property by-- Power. 32-951. Procedure, 32-952. Consolidation of schools, 32-915. Control of county as school district, 32-1101. County line schools, attendance arrangements, 32-938. County superintendent of schools-- Compensation for, 32-1006. Election, 32-1003. Generally, see Schools, County Superintendents of. Removal from office, 32-1008. Court, power as, 32-910. District, control and management of county as, 32-1101. Districts, school, 32-901. Donations, bequests and grants to, 2-7402, 32-909. Duties, 32-912. Educational information, expenditures for. 32-953. Election-- Certain counties, 32-902. Certificates, 32-905. Suspension of operation of schools, 32-801 to 32-808. See Schools, Public. Evening schools, establishment, 32-932. Exceptional children-- Education for, 32-3501 et seq. See Schools, Public. Excessive disbursements, 32-928. Failure to arrange for schools, 32-940. Fire escapes for school buildings, 32-2005, 32-2006. Free textbooks, furnishing, 32-721, 32-722. Funds-- Delivery by treasurer of local school districts to, 32-1105. Kept separate, 32-942. Liability for and distribution of, 32-941. Tax collector, payment by, once a month. 32-1106. Furniture for school houses, 32-909. i Gifts for common schools, power to accept, 2-7402, 32-909. Grand juries-- Reports to, 32-925. Selection by, 32-902.1. Grants for education, 2-7402, 32-813 to 32-819.3, 32-909. See Schools, Public. Health regulations, 32-1801. High schools, establishment, 32-933. Holidays, requiring observance, 32-1503. Home economics, employment of extension work agents and teachers, 32-944, 32-2205. Illiterate adults, power to establish and conduct schools for, 32-2503. See Illiterate Adults. Immunization of pupils of public schools, 32-911. INDEX 24 EDUCATION, COUNTY BOARDS OF--Cont'd. EDUCATION, COUNTY BOARDS OF--Cont'd. EDUCATION, STATE BOARD OF--Cont'd. Independent school system, exclusion from Teachers-- Contracts for or on behalf of students, control, 32-1101. Employment, 32-604, 32-913. regulations of, 32-843 to 32-845. Industrial education, opening department, 32-934. Interest on loans, 32-924. Investments by, 32-942. Leases of property to, 32-442. Levy and sale, school property exempt from, 32-943. Literature, expenditures for, 32-953. Local school trustees-- Reports, 32-914. Retirement system, see Teachers Retirement System. Suspension, 32-9 1 2. Term of loans, 32-923. Term of office, 32-902. Title of property, 32-909. Transfer to, of records and property of local school districts. 32-11 23. County superintendents of schools, fixing compensation for, 32-1006. Courses of study, duty to provide, 32-408. Creation, 2-6501,32-401. Deaf-- Children, duties respecting courses, classes, or schools for, see Schools, Public. School for, duties, see Deaf, Georgia School for the. Appointment, 32-1104. Duties, 32-1105. Management of county as school district, 32-1101. Mandamus to compel county line school attendance contract, 32-938. Manual labor schools, organization, 32-931. Meetings, 2-7101, 32-908. Membership, 32-902, 32-903. Minutes of meetings, 32-912. Money, how used, 32-927. Notes for money borrowed, 32-926. Transportation of pupils and employees, see Schools, Public. Trustees, local, see Local school trustees, ante. University System, conveying property to Board of Regents of, for facilities for education beyond 1 2th grade, 32-933. Vaccination of pupils, regulating, 32-911. Warrants-- Anticipation of revenue, 32-929. Sale at discount, 32-930. Devises, authority to accept, etc., 32-413. Director, University of Georgia Building Authority, member of, 32-102a. Donations, authority to accept, etc., 2-7401, 32-413. Duties and powers, 2-6501, 32-401, 32-408 to 32-411,32^115. Educational grants, duties as to, 32-814. Eligibility for membership, 2-6501, 32-404. Employees, control of. 32-408. Estimates of funds needed, duty to prepare, 32-408. Number on boards, 32-902. Exceptional children, education for, powers Oaths, administering, 32-1013. and duties as to, 32-3504. Organization, 32-912. EDUCATION, STATE BOARD OF. Executive secretary. 32-504. Part-time schools, establishment, 32-932. Administration of school funds, 32-408. Federal aid-- Pecuniary interest in sale of school books, 32-902. Powers and duties, 32-912. President, 32-907, 32-908. Property and facilities of schools, 32-909. Purchases, 32-934. Authorized, 32-953. Qualifications, 32-902, 32-903. Quorum, 32-907. Administrative officer, 32-504. Age-- Eighteen years old, power to receive funds for education of persons over, 32-417, 32-418. Veterans over school age, right to charge tuition or furnish facilities free, 32-937. Agencies of State, education of children and Age 18, for education of persons over, 32-417 ,32-418. Authority to accept, 32-413. Construction of schoolhouses. 32-419. General Assembly, estimate of funds necessary submitted to, 32-408. Gifts-- Authority to accept, 2-7401, 32-413. Schoolbook publishers, from, 32-416. Transportation of pupils, acceptance for, Records, 32-907,32-912. Removal, 32-905. Reorganization of schools by, 32-954. others under custody and control of. 32-443, 32-444. Alcoholism, studies of, 32-434, 32-435, 32-423. Governor-- Estimate of funds necessary submitted to, Reports to Grand juries, 32-925. Residence of members, 32-903. 32-436. Appeals to, 32-414, 32-910, 32-1008, 32-408. Exclusion from membership, 2-6501, Resignation, 32-906. Resolution authorizing loans, 32-922. Sale of school property, 32-909. Sales to, of supplies and equipment by members-- Partial unconstitutionality of law, effect, 32-950. Penalty, 32-9908. Prohibited, 32-949. School buildings, duties relating to, see Schoolhouses. 32-1010. Regulations governing, see Appendix. Appointment of members, 2-6501, 32-401. Attendance in schools, compulsory, see Rules and regulations, post. Bequests, authority to accept, etc., 32-413. Blind, Academy for, duties, see Blind, Academy for the. Book-lending service, authority to conduct. 32-2605. Buildings, school, duties relating to, see 32-401. Grants-- Authority to accept, etc., 2-7401,32-413. Rules and regulations, 32-818. Illiterate adults, duties relating to, 32-2401. See Illiterate Adults. Industrial schools, duties, see Vocational Education. Information, giving at Governor's request, 2-3017. Information service, authority to conduct, School court, powers as, 32-910. School districts, 32-901. School fund, 32-935, 32-936. Schoolhouses. Busses for transporting pupils, see Schools, Public. 32-2605. Lease of property, 32-413, 32-442. Libraries, duties relating to, see Libraries, School property, care, etc., 32-909. School term, regulation, 32-909. Schoolbooks, see Schoolbooks. Secretary, 32-907, 32-908, 32-912. Census, school, taking, cost, etc., 32-1601. Chairman, 32-405. Building Authority (Schools), member of, 32-1402a. Public Meetings, 32-405, 32-406. Membership, 32-401. Mentally retarded children-- Sessions, 32-908. Sites for schools, acquisition and sale. 32-909. Special days, observance by schools, 32-1503,32-1504. Statement of sums due and unpaid, 32-920. Education Authority (University), member of, 32-102a. Compensation, 32-407. Compulsory school attendance, see Rules and regulations, post. Congressional appropriations, authority to Educational and training service for, 32-812. Mileage, 32-407. Minimum foundation program, see Minimum Foundation Program. Superintendents of county schools, see accept, etc., 32-413. O.nh of office. 32-405. Schools, County Superintendents of. Congressional districts, appointment of Organization. 32-405. Suspension, county superintendent and members from, 2-6702, 32^*01. Personnel, 2-6501. teachers. 32-912. Continuous school census, duty to provide Powers and duties, 2-6501, 32-401. 32-412. Taxes-- for, 32-1601. 32-413. Corporate, notice of rate to State Revenue Contracts, authority as to, 32-413. Reorganization. 32-401 to 32-403. Commissioner, 32-1118. Digest, preparation and lurnishing to tax collector, 32-1401. Rate, recommendation to fiscal authorities, 32-1 I 18. School buildings, taxation for erection, 32-909. Tax collector, payment by, 32-1 106. 25 EDUCATION, STATE BOARD OF--Cont'd. Research-- Alcoholism, studies of, 32-435. Curriculum materials, development of. 32-437. Funds, use of. 32-434. Methods of instruction, development of, 32-437. Personnel, employment of, 32-436. Subject matter of, 32-435. Rules and regulations, 32-408. Age 18, for noncollege education of persons over, 32-417. Compulsory school attendance, see Schools, Public. Compliance with law, 3 2-21 1 1. Factors for consideration, 32-2106. Local rules, consistency with, 32-2108. Reports, 32-21 14. Violation, penalty, 32-99 13. Visiting teachers, regulating employment, 32-2108 to 32-21 10. School census, for, 32-1601. Schoolhouse construction, allotment of funds for, 32-419. Veterans attending schools, promulgation, 32-937. Scholarships for citizens who wish to become teachers, 2-5402. School Building Authority revenue bonds, remedies of bondholders, 32-1418a. School districts financially assisted where parents employed by State. 32-825 to 32-831. School lunches, determining funds necessary for, 32-629. School Superintendent, State-- Authority to call meeting, 32-406. Eligibility to be, 2-6601. Executive secretary, 32-504. Recommendation as to employees, supervisors, etc.. 32-410. 32-624. Schoolhouses, duties relating to, see Schoolhouses. Senate, confirmation of appointments by, 2-6501. Standard requirements for colleges, etc . duty to prescribe. 32-415. Teachers-- Retirement system, see Teachers Retirement System. Scholarships for citizens who wish to become, 2-5402. Television, educational, 32-408.1. Agency to receive funds for purposes of, 32-413.1. Terms of office, 2-6501, 32-402. Textbooks, duties and powers relating to. see Schoolbooks. Trade schools, duties, see Vocational Education. Transportation of pupils, duties, see Schools, Public. Trustee, substituted, for funds of schools for blind and deaf, see Blind Academy for the; Deaf, Georgia School for the. Tuition for veterans, see Age, ante. Vacancies in office, 2-6501, 32-403. Vocational education, authority and duties, see Vocational Education. Vocational rehabilitation of disabled persons, 32-2301 et seq. See Vocational Rehabilitation. Vocational training, apportionment of Federal funds, 32-413. INDEX EDUCATION, STATE DEPARTMENT OF. Account forms or books for principals, 32-821,32-824. Exceptional children, education for, duties as to, 32-3506, 32-3508. (irants from, 32-815. See Schools, Public. Minimum foundation program, see Minimum Foundation Program. Principals, account forms or book, for, 32-821, 32-824. Prisoners, rehabilitation of, 77-319. Supervision of. 32-408. ELECTIONS. Schoolhouses as polling places, 34-706. ENGINEERING EXPERIMENT STATIONS. Appropriations, 32-305. Federal, 32-306. Bulletins, 32-304. Duty, 32-302. Established, 32-301. Federal appropriations, work to conform to Federal law when aided by, 32-306. Field offices, 32-303. Geologist, State, bulletins sent to, 32-304. National programs, assistance to, 32-302. Objects, 32-302. Publications, 32-304. Purpose, 32-301. Research by, 32-302. FLAGS. State of Georgia, of, 86-1205, 86-1206, 86-1208. GEORGIA SCHOOL OF TECHNOLOGY. Athletic association-- Agreements as to use of State property, 32-155. Audit by State Auditor as not required, 32-154. Corporation, as, 32-152. Financial operation, 32-153. State agency, as not, 32-153. Engineering Experiment Stations, see Engineering Experiment Stations. Radio station WGST, employees of, 32-2901. University of Georgia, branch of, 32-103. GRAND JURY. Qualifications of, 59-201. Selection of persons for offices by, 59-318, 59-319. HIGHER EDUCATION ASSISTANCE AUTHORITY. Annual report, 32-3747. Audits, 32-3746. Banking business, law not to be construed to authorize general, 32-3743. Bonds-- Additional pledge, 32-3735. Authority to issue, 32-3716. Condition precedent to issuance, 32-3721. Credit of State not pledge for payment of bonds or interest, 32-3728. Denomination, 32-3718. HIGHER EDUCATION ASSISTANCE AUTHORITY-Cont'd. Bonrts--Cont'd. 1 Deposit and use of bond 32-3730. Deposits, security for, 32-3726. Director's, 32-3704. Form, 32-3718. Interest rates, 32-3717. proceeds Interim receipts and certificates, 32-3720. Investment, as, 32-3726. Jurisdiction of actions, 32-3738. Loans provided from revenue bond proceeds, 32-3707. Lost or mutilated, 32-3725. Negotiability, 32-3724. Other than revenue bond proceeds, aid or services provided from funds, 32-3706. Payment, place of, 32-3718. Protection of bondholders' interest, 32-3739. Refunding bonds, 32-3722. Registration, 32-3718. Remedies of bondholders, 32-3737. Replacement of lost or mutilated, 32-3725. Revenues to pay principal and interest on. 32-3736. Sale, 32-3717. Seal, 32-3719. Security, 32-3729. Signatures, 32-3719. Tax exemption, 32-3727. Temporary, 32-3720. Validation, 32-3723. Venue of actions, 32-3738. Books and records, 32-3704. Borrowing by Authority, 32-3715. Compensation of officers, 32-3704. Conditions of loans, 32-3708. Contract, power to, 32-3715. Contributions to Authority declared tax deductible, 32-3744. Creation, 32-3703. Credit of State- Acts or debts of Authority, 32-3741. Bonds, 37-3728. Definitions, see Words and phrases, post. Director-- Bond, 32-3704. Generally, 32-3704. Duties of officers, 32-3704. Eligible educational institution, broadening or restricting term, 32-3714. Eligible student, broadening or restricting term, 32-3713. Essential governmental function, 32-3740. Fees, authorization to fix and collect 32-3736. Fulton county superior court, jurisdiction of actions in, 32-3738. Funds-- Aid or services provided from funds other than revenue bond proceeds, 32-3706. Loan fund, 32-3731. Matching funds, 32-3715. Operating fund, 32-3732. Sinking fund, 32-3733. Trust funds, moneys held as, 32-3734. General Assembly, report to, 32-3747. Gifts, acceptance of, 32-3715. Governmental function, 32-3740. Governor, report to, 32-3747. Infancy as not a disqualification in obtaining loan, 32-3712. Insurance, procuring, 32-3715. Interest-- Authority to fix and collect, 32-3736. Bonds, rates, 32-3717. Jurisdiction of actions, 32-3738. HIGHER EDUCATION ASSISTANCE AUTHORITY-Cont'd. Loans-- Amount, 32-3710. Disbursement of loan funds, 32-3711. Funds, 32-3731. Guaranteed, 32-3709. Minority not a disqualification, 32-3712. Provided from-- Funds other than revenue bond proceeds, 32-3706. Revenue bond proceeds, 32-3707. Terms and conditions, 32-3708. Matching funds, 32-3715. Membership, 32-3704. Objective of Authority, 32-3705. Officers, 32-3704. Operating fund, 32-3732. Powers of Authority, 32-3715, 32-3742. Property-- Acquiring and holding, 32-3715. Title and use, 32-3745. Purpose of Authority, 32-3705. Quorum, 32-3704. Records, 32-3704. Refunding bonds, 32-3722. Report, annual, 32-3747. Revenues, 32-3736. Seal of Authority, 32-3715. Short title, 32-3701. Sinking fund, 32-3733. State property, use of, 32-3745. Taxation-- Bonds, exemption, 32-3727. Contributions declared deductible 32-3744. Terms, 32-3704. Trust funds, moneys held as, 32-3734. Venue of actions, 32-3738. Words and phrases-- Eligible education institution, broadening or restricting term, 32-3714. Eligible student, broadening or restricting term, 32-3713. Generally, 32-3702. HIGHER EDUCATION ASSISTANCE COMMITTEE. Agency of State, 32-3403. Bond of treasurer, 32-3404. Compensation, 32-3401. Conduct of business, 32-3405. Creation, 32-3401. Date of creation, 32-3402. Meetings, 32-3405. Membership, 32-3401. Initial membership, 32-3402. Officers, 32-3404. Powers, 32-3403. Terms of office. 32-3401. HIGHER EDUCATION ASSISTANCE CORPORATION. Actions by and against, 32-3305. Annual reports, 32-33 12. Assignment of loans as security, 32-3308.3. Banks, Superintendent of, examination by, 32-3313. Bequests accepted by board, 32-3305. Bids for life insurance policies issued, 32-3305. Board of directors, powers of, 32-3305. Board of Regents Chairman as member, 32-3304. Budget Officer as member, 32-3304. Bylaws, 32-3304. Chancellor of the University System as member, 32-3304. INDEX HIGHER EDUCATION ASSISTANCE CORPORATION-Confd. Commercial banks making loans, 32-3306. Continuance of corporate existence, 32-3314. Contracts made by board, 32-3305. Contributions to corporations as tax deductible, 32-3311. County taxation, exemption from, 32-3312. Creation, 32-3301. Credit unions making loans, 32-3306. Definitions, 32-3303. Dissolution, 32-3314. Eligibility, scholastic, 32-3309. Employees, 32-3304. Examination by Superintentent of Banks, 32-3313. Executive committee, 32-3304. Exemption, tax, 32-3312. Forbearance in repayment of loans, 32-3317. Gifts accepted by board, 32-3305. Governor-- Appointing members, 32-3304. Reports to, 32-3313. Grants accepted by board, 32-3305. Guarantee of loan by board of directors, 32-3305. Insurance fund, student loan, 32-3315. Interest fund, student loan, 32-3316. Interest on loans, 32-3307. Life insurance-- Companies making loans, 32-3306. Person for whom loan is guaranteed, 32-3305. Loans-- Disbursement, 32-3308. Guarantee of loans irrespective of source of funds, 32-3308.1. Interest on, 32-3307. Limits, 32-3305. Minors, to, 32-3310. Pledge or assignment of loans as security, 32-3308.3. Sale of, 32-3308.2. Who may make, 32-3306. Local tax exemption, 32-3311. Meetings, 32-3304. Members, 32-3304. Minors, loans to, 32-3310. Municipal taxation, exemption from, 32-3312. Nonprofit, 32-3301. Officers, 32-3304. Payment, deferment of, 32-3317. Pension systems making loans, 32-3306. Pledge or assignment of loans as security, 32-3308.3. Powers of board of directors, 32-3305. Profit, not to make, 32-3301. Property, acquiring, 32-3305. Purposes, 32-3302. Qualifications of members, 32-3304. Reports, annual, 32-3313. Retirement systems making loans, 32-3306. Rules and regulations, adoption of, 32-3305. Sale of loans, 32-3308.2. Savings and loan associations making loans, 32-3306. Savings banks making loans, 32-3306. Scholarship Commission, members of, 32-3103. Scholastic eligibility, 32-3309. . School Superintendent, State, as member of board of directors, 32-3304. State taxation, exemption from, 32-3312. Student loan insurance fund, 32-3315. Student loan interest fund, 32-3316. 26 HIGHER EDUCATION ASSISTANCE CORPORATION-Cont'd. Sue and be sued, power to, 32-3305. Taxation-- Contributions as tax deductible, 32-3311. Local tax exemption, 32-3312. Terms of office, 32-3304. Time of payment of loans, deferment, 32-3317. Who may make loans, 32-3306. Words and phrases, 32-3303. ILLITERATE ADULTS. Duties of State Board of Education, 32-2401. Rules and regulations, 32-2402. Schools for-- Authorized, 32-2501. County boards of education, power to establish and conduct, 32-2503. Encouragement and promotion of, 32-2401. Expenses, 32-2502. State Board of Education, duties relating to, 32-2401. INDUSTRY SERVICES ADVISORY COMMITTEE. Administration of program, 32-3604. Consultants, 32-3602. Creation, 32-3602. Director of Division of Vocational Education as secretary, 32-3602. Duties, 32-3602. Employee qualifications, 32-3606. Equipment, 32-3607. Expenses, 32-3605. INDUSTRY SERVICES ADVISORY COMMITTEE -Cont'd. Grants, acceptance of, 32-3609. Local boards, agreements with, for carrying out program, 32-3605. Membership, 32-3602. Promulgation of standards, rules and regulations, 32-3608. Purpose, 32-3603. Quick start training program established, 32-3602. Rules and regulations, 32-3608. Secretary, 32-3602. Standards, promulgations of, 32-3608. State Board of Education, administration of program by, 32-3604. Training programs, agreements for, 32-3605. Vocational training, 32-3603. INTOXICATING LIQUORS. Carrying to school, 58-602. Liquor store near school, 58-1029. Malt beverages sold on or near school grounds, 58-724, 58-724.1. Offer to sell within certain distance of school, 58-601. JURY. Teachers and principals, exemption, 59-112. 27 LIBRARIES, PUBLIC. County and regional, 32-625. Disbursements, 32-2702. Donations, 32-2703. Education, State Board of, see State Board of Education, post. Gifts to, acceptance, 32-2606. Local library boards, distribution of funds through, 32-2607. Maintained, how, 32-2701. Policy of state to promote, 32-2606. Political subdivisions other than municipalities, establishment, etc., 32-2706. Reports, annual, 32-2606. State Board of Education-- Acceptance of gifts, 32-2606. Duties, 32-2605. Funds, disbursement, 32-2607. Powers, 32-2605, 32-2606. Reports to, 32-2606. Staff to supervise, employment, 32-2605. State Library Commission's functions, services, and funds, transfer to, 32-2604, 32-2607. Supervision, 32-2708. Supervision, 32-2708. Taxation-- Counties, by, for acquisition, improvement, and maintenance, 2-5702. Exemption from, 2-5404. Trustees, duties of, 32-2704. LIBRARY COMMISSION, STATE. Abolition, and repeal of law constituting, 32-2601 to 32-2604. Education, State Board of, duties, 32-2605. See Libraries, Public. Funds for public library services, 32-2607. Gifts, acceptance, 32-2606. MEDICAL EDUCATION BOARD, STATE. Applicants-- Investigation, 32-3005. Preferences, 32-3005. Appointment of members, 32-3001. Authority, constitutional, for, 2-5402. Chairman, 32-3004. Clerical assistance, 32-3003. Compensation-- Employees, 32-3003. Members, 32-3002. Secretary, 32-3003. Constitutional provision, 2-5402. Contracts-- Applicants, with, 32-3005. Cancellation of, 32-3006. Loans and scholarships, 32-3005. Medical colleges, with, 32-3006. Creation, 32-3001. Credit on loan for practice in small community, 32-3005. Expenses of members, 32-3002. Funds-- Administrative, management of, 32-3008. Requisitions for, 32-3007. Loans and scholarships-- Amount per applicant, 32-3005. Constitutional amendment, 32-3005. Contracts, generally, 32-3006. Funds for, requisition, 32-3007. Interest, 32-3005. Military service, suspension of condition during, 32-147. Milledgeville State Hospital employees, for, 32-3011. Preference of applicants, 32-3005. INDEX MEDICAL EDUCATION BOARD, STATE--Cont'd. Purpose of, 32-3005. Repayment, 32-3005. Requisitions for funds, 32-3007. Small communities, credit for practice in, 32-3005. Source of funds, 32-4007. Warrants, issued on, 32-4007. Meetings, 32-3004. Membership, 32-3001. Milledgeville State Hospital employees, scholarships for, 32-3011. Minutes of meetings, 32-3004. Office, 32-3004. Officers, 32-3003, 32-3004. Purpose of law, 32-3010. Quorum, 32-3004. Reports to General Assembly, 32-3009. Scholarships, see Loans and scholarships, ante. Secretary, duties, compensation, bond, etc., 32-3003. Small communities, credit for practice in, 32-3003. Source of funds, 32-3007. Terms of office, 32-3001. Treasurer, duties, compensation, bond, etc., 32-3003. Vacancies, filling, 32-3001. Vice chairman, 32-3004. MINIMUM FOUNDATION PROGRAM. Accounting system established, 32-638. Accountants, uniform, 32-639. Adjacent local units of school administration, pupils attending school in, 32-650. Allotment-- Adjacent local units, pupils attending school in, 32-650. Adjustment as to personnel and funds, initial and midterm, 32-648. Capital outlay funds, of, 32-624. Certified professional personnel, 32-612. Librarians, 32-625. Library funds, 32-625. Reduction of State funds due to inadequate appropriation, 32-649. State funds, additional, 32-623. Teachers, of, 32-611. Isolated schools, 32-617. Special programs of education, 32-620. Amount needed-- Certified professional personnel, to pay, 32-612. Consumable instructional materials and supplies, for, 32-615. Library books, for, 32-616. Lunch programs, for, 32-629. Maintenance, for, 32-613. Nonconsumable teaching materials and aids, for, 32-616. Operation, for, 32-613. Sick leave, for, 32-613. Teachers, payment of, 32-611. Textbooks, free, 32-614. Transportation of pupils, for, 32-618. Travel expenses, 32-619. Appeal as to withholding of funds, 32-656. Appropriation, reduction in State funds due to inadequate, 32-649. Area public school systems, see Local umts of school administration, post. MINIMUM FOUNDATION PROGRAM---Cont'd. Bids by State on standard items of school equipment, supplies and services, 32-646. Blind and deaf, funds for State schools for, 32-635. Books-- Free textbooks, amount of funds needed for, 32-614. Library books, amount of funds needed for, 32-616. Budgets-- Approval-- Local board, 32-642. State approval, 32-643. Law administered pursuant to budget laws, 32-657. Preparation, 32-641. System established, 32-638. Bus drivers, salaries, 32-618. Capital outlay funds, allotment of, 32-624. Certificated professional personnel, definition of, 32-608. Certification of professional school personnel, 32-608. Classification of professional school personnel, 32-608. Consolidations of school systems, contingency funds to encourage, 32-628. Consumable instructional materials and supplies, amount of funds needed for, 32-615. Contingency fund for relief of unusual circumstances and to encourage school system consolidations, 32-628. Contracts between local units of school administration, 32-650. Cooperative agreements as to surplus property, 32-653. Correctional institutions, funds for public schools operated within, 32-636. Costs, see Amount needed, ante. Minimum Foundation Program of local units, 32-610. Special programs of education, 32-620. County libraries, 32-625. County school systems, see Local units of school administration, post. Deaf and blind, funds for State schools for, 32-635. Definitions-- Capital facilities, 32-624. Certified professional personnel, 32-608. Distributions of State funds, 32-647. Educational research, 32-652. Eligibility to receive State funds, 32-606. Employment of personnel, local units of school administration, 32-607. Establishment, 32-602. Federal and State funds for vocational education, 32-632. Financial review, 32-644. Free textbooks, amount of funds needed for, 32-614. Georgia products, use of, 32-655. Grants for education, children receiving not under Minimum Foundation Act, 32-819.1. Hardships, contingency fund for relief of, 32-628. Honor program, student, 32-651. Independent school systems, see Local units of school administration, post. Information to be sent annually to local units of school administration, 32-640. Isolated schools, 32-617. Law-- Administration of, pursuant to budget laws, 32-657. Noncompliance with, withholding of funds, 32-656. Libraries, county and regional public, 32-625. MINIMUM FOUNDATION PROGRAM--Cont'd. Library books, amount of funds needed for, 32-616. Local funds, withholding of State funds due to failure to provide, 32-645. Local units of school administration-- Adjacent, pupils attending school in, 32-650. Bids, obtaining, 32-646. Calculated cost of Minimum Foundation Program of, 32-610. Contracts between, 32-650. Eligibility to receive State funds, 32-606. Employment of personnel, 32-607. Financial ability, calculation of, 32-622. Information to be sent annually to, 32-640. Summer school programs, operation of, 32-626. Supplementing salaries, 32-609. Television services, educational, costs, 32-621. Lunch programs, amount needed for, 32-629. Materials-- Consumable, amount of funds needed for, 32-615. Nonconsumable, amount of funds needed for, 32-616. Meals, instructions in nutrition, hygiene, etiquette and social graces relating to partaking of, 32-658, 32-659. Month, school, 32-605. Operation of public schools-- Longer school year terms, 32-637. Period of time, 32-605. Summer school education programs, 32-626. Year-round, 32-627. Personnel-- Certification and classification of professional school personnel, 32-608. Isolated schools, 32-617. Local units of school administration, 32-607. Policy of State as to vocational education, 32-631. Purchases, State Supervisor of, advertisements for bids, 32-646. Records, uniform, 32-639. Regional libraries, 32-625. Research, educational, 32-652. Review, financial, 32-644. Revocation of certificates of professional school personnel, 32-608. Rules and regulations, adoption of, 32-603. Salaries-- Amount of funds needed for payment of, 32-611. Bus drivers, 32-618. Certified professional personnel, amount needed for payment of, 32-612. Schedule of minimum, 32-609. Supplementing by local units, 32-609. Teachers-- Amount needed for payment of, 32-611. Longer school year terms, 32-637. ScheduleBus drivers, salaries of, 32-618. Minimum salaries, 32-609. School Building Authority revenue bonds paid from funds of, 32-1414a. School month, 32-605. School year, 32-605. Services, State bids on, 32-646. Short title, 32-601. Sick leave expenses, amount of funds needed for payment of, 32-613. Special programs of education, establishment of, 32-620. State Agency for Surplus Property, 32-653. INDEX MINIMUM FOUNDATION PROGRAM--Cont'd. State bids on standard items of school equipment, supplies and services, 32-646. State Board of Education-- Allotments by, see Allotment, ante. Duties, 32-603. Employment qualifications, prescribing, 32-607. Executive officer, 32-604. Powers, 32-603. Rules and regulations, adoption of, 32-603. Salary schedules, establishing, 32-609. State Department of Education-- Administrative officer, 32-604. Bids through, 32-646. Organization of, 32-654. State funds-- Distribution, 32-647. Reduction due to inadequate appropriation, 32-649. Withholding-- Local funds, for failure to provide, 32-645. Noncompliance with law, regulations, etc., 32-656. State Superintendent of SchoolsDuties, 32-604. Powers, 32-604. Student honors program, 32-651. Summer school programs, operation of, State aid, 32-626. Superintendents of schools, local, budget preparation, 32-641. Superior court, appeals as to withholding of funds from local units, 32-656. Supplementing salaries by local units, 32-609. Supplies-- Consumable, amount of funds needed for, 32-615. State bids on, 32-646. Surplus Property, State Agency for, 32-653. Teachers, employment, certification and classification, 32-607, 32-608. Television services, local share of Statewide cost of, 32-621. Textbooks, free, amount of funds needed for, 32-614. Time-- Number of days services rendered by professional personnel, 32-609. Operation of school, 32-605. Transportation of pupils, amount of funds needed for, 32-618. Travel expenses, amount of funds needed for payment of, 32-619. Uniform records and accounts, 32-639. Vocational education-- Funds for, 32-630. Federal and State, 32-632. Policy of State as to, 32-631. Vocational rehabilitation, funds for, 32-634. Vocational technical schools, funds for, 32-633. Withholding State funds-- Failure to provide local funds, 32-645. Noncompliance with law, regulations, etc., 32-656. Words and phrases-- Capital facilities, 32-624. Certificated professional personnel, 32-608. Writing, employment contracts to be in, 32-607. Year, school, 32-605. Year-round operation of public schools, 32-627. PARKS. Maintaining, 69-605. 28 PLAYGROUNDS. Maintaining, 69-605. POLICE ACADEMY. Administration, 32-3205. Board-- Authority, 32-3204. Creation, 32-3203. Duties, 32-3204. Power, 32-3204. Definitions, 32-3202. Funds, 32-3205. Peace Officers Standards and Training Act, duties as to, 92A-2103,92A-21 10. Permissive law, 32-3207. Short title, 32-3201. Training program, 32-3206. PRISONERS. Rehabilitation of, 77-319. RECREATION SYSTEMS. Maintaining, 69-605. REGULATIONS. Appeals to State Board of Education, see Appendix. SAFETY, DEPARTMENT OF PUBLIC. Lectures and demonstrations, 92A-305. SCHOLARSHIP COMMISSION, STATE. Amount of scholarship, 32-3108. Appropriations, 32-3110. Authority for creation of, constitutional amendment, 2-5402. Board of Regents executive secretary as executive director and treasurer, 32-3105. Bond of executive director and treasurer, 32-3105. Budget, 32-3108,32-3110. Compensation of members, 32-3105. Conditions of scholarships, 32-3102. Contracts, 32-3109. Administrators of other State scholarship programs, with, 32-3108. Creation, 32-3101. Duties, 32-3108. Estimates of financial requirements, 32-3110. Funds, 32-3110. Governor-- Reports to, 32-3108. Vacancies, filling, 32-3106. Higher Education Assistance Corporation, members of, 32-3103. Information, dissemination of, 32-3108. Interest on loan, amount of, 32-3102. Meetings, 32-3107. Members-- Compensation, 32-3105. Generally, 32-3103. Terms, 32-3104. Merit system, 32-3105. Officers of the commission, 32-3105. Payment-- Funds to commission, 32-3110. Grants, of, 32-3108. Practice of profession in community in Georgia after completion of course of study, 32-3102. Public relations and public information program, 32-3105.1. Renewal of scholarships, 32-3108. Reports, 32-3108. Residents, scholarships granted to, 33-3101, 32-3108. 2y SCHOLARSHIP COMMISSION, STATE--Cont'd. Rules and regulations, formulation of 32-3106. Scholarships, duties of commission as to handling of, 32-3108. Terms and conditions of scholarships 32-3102. Vacancies, 32-3106. SCHOLARSHIPS. Appropriation of funds to be used to obtain funds from Federal Government for, 2-5402. Children of disabled or killed law enforcement officers, firemen and prison guards, constitutional amendment, 2-5402. Dental education, constitutional amendment, 2-5402. Exceptional children, 32-3507. Grants for, 2-5402. Medical education, for, 32-3005. Medical, in University School of Medicine, establishment and administration, 32-146 to 32-148. See Medical Education Board, State. Milledgeville State Hospital employees, for, 32-3011. Teachers, for citizens who wish to become, 2-5402. SCHOOL BUSSES. Annual fees for operating, 92-2902. Drivers-- Pay for substitute. 32-833. Driver on sick leave not required to pay. 32-834. Sick leave for, 32-832. Liability insurance- Amount, 32-429. Coverage. 32-431. Custody of policies. 32-433. Nonassessment by mutual companies, 32-432. Premiums, 32-430, 32-432. Requirement, 32-429. Operation, 68-1667, 68-9945. Repainting for sale, 68-511, 68-412, 68-9933. Requirements, 68-1667, 68-9945. Unlicensed chauffeur, 92A-411. SCHOOL DISTRICTS. Bonds Nonsegregated districts. 32-210lb, 32-2102b. Consolidation, repeal of law. 32-917. Control by county board of education. 32-1101. See Education, County Boards of. County, each as composing one district, 32-1101. Division, repeal of law, 32-916. Financial assistance where parents are State employees-- Additional to other funds, 32-831. Adjustments of funds, 32-829. Allotment of funds, 32-828. Determination of averages, 32 827. Information to State Board of Education, 32-826. Other funds, additional to, 32-831. Percent, required. 32-825. Reduced when, 32-831. Rules and regulations. 32-830. Verification of information, 32-829. Independent systems,exclusion from, 32-1101. See Schools, Public. INDEX SCHOOL DISTRICTS---Cont'd. Local tax districts, repeal of law, 32-1102. 32-1103. 32-1105. 32-1106, 32-1108, 32-1110. 32-1113 to 32-1115, 32-1119 to 32-1135, 32-1401, 32-1402. Management by county board of education, 32-1101. See Education. County Boards of. Rearrangement, repeal of law. 32-917. SCHOOL EMPLOYEES RETIREMENT SYSTEM. See Teacher Retirement System. Appropriations, 32-3819. Attorney General as legal advisor to board. 32-3816. Benefits -- Correction of errors. 32-3821. Exempt from legal process. 32-3820. Retirment, 32-3807. Board of trustees Bequests, accepting. 32-3815. Books. 32-3814.' Control and investment of funds, 32-3812. Exemption from liability. 32-3816. Expense fund, 32-3819. Gifts, accepting, 32-3815. Legal advisor, 32-3817. Power and duties, 32-3813. Records, 32-3814. Retirement fund, 32-3811. Contribution of employees, time of making, 32-3822. Correction of errors, 32-3821. Credit for prior service, 32-3823. Creditable service, 32-3805. Criminal provision as to attempting to defraud system, 32-9921. SCHOOL EMPLOYEES RETIREMENT SYSTEM--Cont'd. Dates, retirement. 32-3806. Death, 32-3809. Definitions, 32-3802. Defraud system, attempt to, 32-9921. Effective date of law, 32-3822. Exemption of benefits from legal process, 32-3820. Funding, 32-3810. Income, retirement, optional forms. 32-3808. Investment of funds. 32-3813. Legal advisor to board, 32-3816. Local retirement systems, 32-3818. Membership, 32-3804. Name, 32-3803. Optional forms of retirement income, 32-3808. Powers, 32-3803. Prior service, credit for. 32-3823. Privileges, 32-3803. Process, benefits exempt from, 32-3820. Retirement benefits, 32-3807. Retirement dates, 32-3806. Retirement fund, 32-3811. Retirement income, optional forms of, 32-3808. Short title, 32-3801. Termination of employment, 32-3809. Time- Election of local system to come under system, 32-3818. Employee contributions, of making, 32-3822. Retirement dates, 32-3806. Words and phrases, 32-3802. SCHOOL 11 Nl). PI BI.K . Amount, 32-935. Borrowed money, 32-927. Budget Blank forms for. 32-945 Necessity, 32-945. Time for filing, 32-945. Distribution, 32-941. Enumeration of funds, see Minimum foundation Program. forfeiture, by county, 32-940. Liability, 32-941. Misapplication, duty of State School Superintendent in case of. 32-507. Separate from other funds, keeping. 32-942. Textbooks, funds for free, 32-624, 32-719. Warrants, 32-920. Teachers' compensation, 32-929. 32-930. SCHOOL SUPERINTENDENT. STATE Administrative officer of State Department or Education, 32-504. Agent of State Board of Education, 32-504. Annual report, 32-508. Appeal from, to State Board of Education, 32-501. Bond, 32-503. Counties, duty to visit the several, 32-506. Duties, 32-501. 32-505 to 32-515. Education Authority (Schools), member or, 32-1402a. Education Authority (University), member or, 32-l02a. Educational requirements, 32-502. Election, salary, etc., 2-3001. 2-6601. 32-501. Exceptional children, scholarships for, 323507. Executive secretary of State Board of Education, 32-504. Compensation. 2-6601. Funds for maintenance ororfice, 32-41 I. Grants for education applications transmitted to. 32-819. Holidays, arranging programs, 32-1503. Information, giving at request or Governor, 2-3017. Libraries, public, recommending staff to supervise, 32-2605. Minimum foundation program, duties as to, 32-604. Misapplication o( school fiinds, duties in case of, 32-507. Oaths- Prescribing, 32-1023. Taking and subscribing by, 32-503. Office, 32-501. Powers. 32-501. Premium on bonds, 32-503. Qualifications, 2-6601, 32-502. Recommendations to State Board of Education, 32-505. Reports, 32-508. County superintendents of schools, requiring of, 32-515. Salary, 2-6601,32-510. Scholarships for exceptional children, 32-3507. Secretary of State Board of Education, 32-501. SCHOOL SUPERINTENDENT, STATE---Cont'd. State Board of Education Authority to call meeting of, 32^106. Executive secretary, 32-504. Member's eligibility to be Superintendent, 2-6601. Recommendation to, as to employees, supervisors, etc., 32-410. Suspension, 2-3017. Suspension of county superintendent for incompetency, 32-505. Textbook on civil government, preparation of, 32-509. SCHOOL BOOKS. Academy for the Blind - Free textbooks for, 32-716. Laws and regulations governing. 32-2802. Appropriation for payment, 32-7 19. Bible reading, 32-705, 32-9903. Committees of educators, recommendations as to selection of books, 32-709. Compensation of local school boards where textbooks changed by State Board of Education, 32-722. Constitutions of State and United States, instruction in, 32-706. Contracts by State Board of Education, 32-713,32-715,32-720. Cost, payment from appropriation, 32-719. County boards of education, furnishing free textbooks by, 32-721, 32-722. County superintendents of schools, duties of, 32-1009. Crimes relating to, 32-9903, 32-9904 Education, county boards of, pecuniary interest in sale, 32-902. Eleemosynary institutions, free textbooks for, 32-716. Expenses in connection with furnishing free textbooks, 32-719. Free textbooksAcademy for the Blind, 32-716. County boards of education furnishing. 32-721,32-722. Georgia School for the Deaf, 32-716. Inauguration, etc., of system, 32-710, 32.723. Training School for Boys, 32-716. Training School for Girls, 32-716. Georgia School for the DeafFree textbooks for, 32-716. Laws and regulations governing, 32-2802. Georgia Training School for Boys, free textbooks for, 32-716. Georgia Training School for Girls, free textbooks for, 32-716. Grades of schools to which free textbooks furnished, 32-711,32-714, 32-719. Local boards of education, furnishing Iree textbooks by, 32-721, 32-722. Multiple listings by State Board of Education, 32-707. Partisan matter, 32-708. Preference to elementary grades in furnishing free textbooks, 32-719. Prescribing books to be used, 32-707 Prices paid by State Board of Education, 32-703. Publication by State Board of Education. 32-718. Publisher's employees, eligibility as members of Stale Board of Education, 2-6501. 32-404. INDEX SCHOOL BOOKS--Cont'd Purchase of free textbooks by State Board of Education, 32-708, 32-711, 32-720. C ompetitive basis, 32-717. Prices, 32-7 13. Rebinding free textbooks, 32-712. Recommendations by committees of educators as to selection of books, 32-709. R ental basis, furnishing textbooks on, 32-721. Repair of free textbooks, 32-711,32-712. Rules and regulations governing system of free textbooks, 32-710. Schools to which free textbooks may be furnished, 32-716. Second-hand books, purchase by State Board of Education. 32-718. Sectarian matter, 32-708. Selection of free textbooks, 32-708. SCHOOI.HOl SF DISTRICTS. Division of county into. 32-1403.1 Intent and purpose of law, 32-1403.2. SCHOOLHOUSES. Bonds for building, equipping, repairing, and acquiring sites-- Building Authority, see School Building Authority, State. County-wide basis, election for issuance on, 32-1403. Districts, division of county into, for purpose of issuance, 32-1403.1, 32-1403.2. Election, how held, 32-1403. General law, applicability to issuance, 32-1403.1. Independent districts, residents of. as qualified voters in election, 32-1403. Local schoolhouse districts, subdivision of county into, for purpose of issuing -- Authority to issue, 32-1403.1. Boundaries, marking, 32-1403.1. Election, how called and held, 32-1403.1. Intent of law, 32-1403.2. Partial invalidity of law, effect, 32-1403.3. Power of county board to make subdivision, 32-1403.1, 32-1403.2. Procedure for issuing, 32-1403.1. Property affected by issuance. 32-1403.1. Purpose of law, 32-1403.2. Qualified voters in elections, 32-1403.1. Outstanding issues of former local or consolidated districts-- County boards of education, duties relating to. 32-1402. Refunding, retiring, or refinancing, 32-1409 to 32-1442. Procedure for issuing, 32-1403. Refunding, retiring or refinancing - Declaration as to manner and procedure, 32-1409,32-1418. Duties and authority of officers, 32-1419, 32-1437. Election to determine, 32-1410.32-1418. Ballots, 32-1415.32-1416.32-1422, 32-1424. Calling,'32-I411,32-1417, 32-1419. Declaration of results, 32-1416. 32-1424,32-1429. Election managers. 32-1414, 32-1423. Notice, 32-1411. 32-1412, 32-1420. Number of elections per year, 32-1442. 30 SCHOOLHOUSES--Cont'd. Bonds for building, equipping, repairing and acquiring sites--Cont'd. Number of voters who must petition. 32-1417.32-1419. Polls, opening and closing, 32-1416, 32-1424. Returns, 32-1416, 32-1424. Voters' list, how made up, 32-1413, 32-1421. Independent school districts, when law applicable to, 32-1439. Obligations of outstanding bonds unimpaired, 32-1440. Refunding bonds Exchange, 32-1432 to 32-1435. Interest rate, 32-1438. Issuance, 32-1425, 32-1429. Sale, 32-1425, 32-1426, 32-1428. 32-1432, 32-1433. 32-1435, 32-1436, 32-1441. Sinking fund to retire, 32-1427, 32-1428,32-1430. Tax levy to provide sinking fund to retire, 32-1430. Validation,32-1431. Sinking fund to retire, 32-1402. Validation, 32-1403. Building authority, 32-l40la et seq. See School Building Authority, State. Buildings, erection, renting, repairing, 32-909. Condemnation of sites for, power of county boards, 32-951, 32-952. ' Construction, repair, etc.. 32-909. County boards of education -- Bonds for building, equipping or acquiring sites, duties, 32-1402 to 32-1403.3. See Bonds for building, equipping, repairing, and acquiring sites, ante. Condemnation of sites, power, 32-951, 32-952. Construction, repair, etc., duties, 32-909. Powers as to building, equipping, etc.. 32-1401. Trustees of local or consolidated districts, succession to powers of, 32-1401. Fire escapes, 32-2005, 32-2006. Furniture for, 32-909. Health, procedure for correcting conditions dangerous to, 32-421. High schools, joint building and maintenance, 32-1404 to 32-1408. Liquor-- Carrying to school, 58-602. Offer to sell within certain distance, 58-601. Liquor store near school, 58-1029. Malt beverages sold on or near grounds, 58-724,58-724.1. Polling places, as, 34-706. State Board of Education- Allotment to local system of funds for construction, 32-420. Code of practices and standards, establishing, 32-420. Dangerous conditions, procedure on determining, 32^421. Educational requirements of, 32-420. Federal or other funds for construction, power to receive, 32-419. Financing of construction and equipment planning. 32-420. Inspection, 32-421. 31 SCHOOLHOUSES--Cont'd. I nvalidity of law, partial, effect, 32-422. Location, studies to determine, 32-420. Safety of, determination, 32-420. SCHOOLS. Census, 32-1601. Closing of, grants to children, amount, 32-808. Condemnation of property for, 32-951, 32-952. Athletic fields, 32-951, 32-952. Consolidation. 32-915. Illiterate adults, for, 32-2401, 32-2503. Education, county boards of, power to establish and conduct, 32-2503. Encouragement and promotion of, 32-2401. Lunches, determination of funds needed 32-629a.l. SCHOOLS. COUNTY SUPERINTENDENTS OK. Appeal Removal by county board, from 32-1008. State Board of Education, to, 32-910. Bond. 32-1005. Borrowed money, responsibility for, 32-927. Change in law as to, by referendum, 2-6902. Classification and certification by State Board of Education, fixing salary, 32-1006. Commissioner, substituted for. 32-1001. Compensation, 32-1006. Compulsory attendance, recommendation of appointment and removal of visiting teacher to enforce, 32-2109. Corruption in office. 32-1008. Death, 32-1003. Duties, 32-912, 32-1004, 32-1009. Education, State Board of, fixing salary. 32-1006. Election, 2-6901, 32-1004, 32-1009 Eligibiuty, 32-1004. Examination of teachers, 32-1010. Executive officer of county board of education. 2-6901 Hearing on removal. 32-1008. Licenses, etc., issued by. forging etc., 32-9905. Local schools, 32-1017. Locally established and maintained schools, 32-1016. Malfeasance in office. 32-1108. Notice of removal, 32-1008. Oaths, 32-1007, 32-1013. Powers, 32-912. Removal, 32-1003, 32-1008. Reports. 32-515, 32-1014. Resignations, 32-1003. Salary, 2-6901. School funds, 32-941. Seal on teachers licenses, 32-101 I. Secretary of school board, 32-907, 32-912. Statement of sums due and unpaid. 32-920. Suspension. 32-505, 32-912. 32-1010. INDEX SCHOOLS, COUNTY SUPERINTENDENTS OF--Cont'd. Teachers-- Duties, 32-1020. Examination, 32-1010, 32-1015. Grading applicants, 32-1018. Licenses -- Forging, etc., 32-9905. Revocation. 32-1019. Seal, 32-1011. Oaths, 32-1022 to 32-1024. Suspension, 32-1010. Vocational studies, certificates, 32-1021. Term office, 32-1002. Textbooks, duties as to, 32-1009. Transportation of pupils, financial interest in, prohibited, 32-428. Vacancies, how filled, 32-1003. SCHOOLS, PRIVATE. Applicability of law, 32-810. Compulsory attendance, application of law. 32-2104,32-2114. Leases of school property from political subdivisions, 32-809. Safety of, certificate by State Eire Marshal, repeal of law, 32-811,32-9918. SCHOOLS, PUBLIC. Administration of school funds, 32-408. Adult education, schools for, 2-5901. Age - Eighteen years old, funds for education of persons over, 32-417, 32-418. Veterans, right to attend, regardless of, 32-937. Agricultural extension work in, 32-944, 32-2205. Agriculture, instruction in elements of, 32-705. Alcoholic drinks, instruction in nature of. 32-705. American institutions and ideals, instruction in,32-706. Attendance records, keeping, 32-1020. Bible, reading, 32-705, 32-9903. Bird Day. observance, 32-1503. Bird life, instruction in, repeal of law, 32-1701 to 32-1703. Boards of Education County, see Education. County Boards of. Transportation of pupils and employees, see Transportation of pupils, post. Leases of property to, 32-442. State, see Education, State Board of. Transportation of pupils, duties, see Transportation of pupils, post. Superintendents of schools County, see Schools, County Superintendents of. State, see School Superintendent, Stale Bonds for building, equipping, and repairing schoolhouses. seeSchoolbduses. Books, see Schoolbooks. Census, school Information, penalty for failure to furnish 32-9915. Taking and keeping. 32-1601. Civil government Instruction in elements of. 32-705. Textbooks on. preparation of, 32-509. Closing to prevent violence, repeal of law, 32-813 to 32-8 19, 32-9920. SCHOOLS, PUBLIC--Cont'd. Common school fund, purposes for use, 1 32-423.32-426. Community centers, 32-1903. Compulsory attendance-- Administration, 32-2107. Attendance officer, see Enforcement, post. Courts, reporting delinquents to, 32-2115. Delinquents, report to courts, 32-2115. Duty of parents, guardians, and other persons having control of children, 32-2104. Each day's absence as separate offense. 32-9914. Enforcement-- Duty, where resting, 32-2107. Visiting teacher as attendance officer -- Appointment, 32-2109. Compensation, 32-2108, 32-2110. Cooperation by teachers and principals, 32-2114. Court proceedings to enforce, duty to file, 32-9914. Dispensing with, 32-2108. Duties,32-2108,32-2111. Officer in lieu of, 32-2110, 32-2113. Part-time, 32-2108. Qualifications. 32-2109. Removal, 32-2109,32-2112. Reports to and by, 32-2114, 32-2115. Retirement, eligibility for, 32-2113. Temporary permits, 32-2109. Exemptions, 32-2106. Governor, suspension of law by, 32-2117. Inapplicable in districts or systems where operation by officers of State discontinued, 32-2118. Invalidity of law. partial, effect, 32-2116. Jurisdiction of court of ordinary in cases arising under law, 2-4102. Minimum annual requirement, 32-2105. Penalties for violating law, 32-9913, 32-9914. Private schools, applicability of law, 32-2104,32-2114. Records, duty to keep, 32-2115. Repeal or prior law, 32-2101 to 32-210? 32-9906. Reports by school officials, 32-2114. Safety, public, lectures on, 92A-304. Suspended, law inoperative where school is, 32-807. Suspension of operation of law, 32-2117. Condemnation of property for use by, 32-95 I 32-952. Consolidation, 2-7201, 32-915. Constitutions of State and United States, teaching essentials of. 32-706. Contracts for or on behalf of students, regulation of, 32-843 to 32-845. Corporal punishment of students, 32-835 to 32-837. Counties operating school systems prior to adoption of Constitution of 1877, 32-910. 32-1008,32-1010.32-1104. County boards of education, see Education. County Boards of. County system of schools, 2-6801. County tax for support of, 2-5702. Courses of study, 32-705 et seq., 32-2501. Crawford W. Long, observance of birthday 32-1503. SCHOOLS, PUBLIC--Cont'd. Compulsory attendance--Cont'd. Deaf children, courses, classes, or schools for-- Authority of local units to establish and maintain, 32-2101a. Construction of law, 32-2102a. Existing laws, effect, 32-2105a. Funds for, 32-210la, 32-2103a, 32-2104a. Salaries of teachers, 32-2103a. School for the Deaf, see Deaf. Georgia School for the. Speech correction as purpose, 32-210la. State Board of Education- Age limits, prescribing, 32-2102a. Authority to establish and maintain, 32-2102a. Cooperation with local units, 32-2101 a. Funds, approval of use, 32-2103a. Rules, standards, and requirements, promulgation, 32-2102a. Teachers, 32-2103a, 32-2104a. Districts, see School Districts. Education opportunities, equalization, see Vocational Education. Election as to suspension of operation of Allotment of State funds while school suspended,32-804. Authority, 32-801. Ballots, 32-802. Compulsory school law inoperative where school suspended,32-807. Contracts and indebtedness, effect as to, 32-803. Debts, effect as to. 32-803. Discretion of board as to holding second election within school year, 32-806. Duties of board where election favors suspension, 32-803. "Local school system," application of term, 32-808. No right in pupils to attend public school, 32-807. Opening, election as to, 32-805. Procedure. 32-802. Resolution. 32-801. Copy to ordinary, 32-802. Second election within school year. 32-806. Elementary grades, 32-411.1. Enumeration of school children, 32-1601 el seq. Equalization fund, vocational education law, effect, 32-2216. Etiquette, instruction in, 32-658, 32-659. Exceptional children Advisory Council, 32-3504. Application of law, 32-3502. Boards of education Application of law, 32-3502. Committee for exceptional children, appointment of. 32-3505. Special facilities and professional workers, maintaining, 32-3503. Committee for, 32-3505. Comprehensive planning. 32-3506. Definitions, 32-3501. Establishment for, 2-5901. Implementation of law, 32-3510. Itinerant teachers, transportation of, 32-3509. Nonlocal education lor, 32-3508. Recruitment, 32-3507. Scholarships, 32-3507. Special education for. 32-3503. INDEX SCHOOLS, PUBLIC--Cont'd. Exceptional Children--Cont'd. State board, powers and duties of, 32-3504. State Department of EducationReimbursement for expenses, 32-3508. Reports and plans submitted to, 32-3506. State Superintendent of Schools making scholarship grants. 32-3507. Transportation, 32-3509. Extension work in agriculture and home economics, 32-944. 32-2205. Federal funds for-- Age 18, education of noncollege grade for persons over, 32-417, 32-418. Schoolhouse construction, 32-419. Vocational training. 32-413, 32-2208. Fire escapes -- Funds for, 32-2006. More than one story, buildings of, 32-2005. Payments for maintenance of schools without, 32-2001. Fire hazards, protection against, 32-2001 to 32-2006. Fish life, instruction in. repeal of law, 32-1701 to 32-1703. Free tuition, 2-6401, 32-937. Freedom from compulsory association, 2-7503. Funds, administration of, 32^408. General appropriation bill, 2-1909. Georgia Day, observance, 32-1503. Government by county school superintendent and county board of education, 32-912. Grades County board of education to determine number, 32-954. Elementary and high school, 32-41 I.I. Grants for education Amount of payment, 32-816. Appeals as to denial, 32-819. Applications. 32-817. Transmittal to State Superintendent of Schools, 32-819. Budgetary requirements, estimates of, 32-819.2. Definitions, 32-814. Denial of application, 32-819. Eligibility for grant. 32-815. False statements, 32-9916. Hearings as to denial, 32-819. Local funds, use of. 32-819.3. Minimum Foundation Act, children receiving grants not under, 32-819.1. Misuse of funds, 32-9916. Payment, 32-817. Purpose of law, 32-813. Rules and regulations by State Board of Education, 32-818. State Superintendent of Schools, transmittal of applications to, 32-819. Students of closed schools, repeal of law. 32-805 to 32-808, 32-9917. Health, fire and stamped hazard protection, 32-2001 to 32-2004. Heating installation, delects in, 32-2004. H igh school grades, 32-411.1. Holidays observed. 32-1503. Home economics, extension work in, 32-944, 32-2205. Illiterate adults, for, see Illiterate Adults. Immunization of pupils, 32-911. Independent school systems-- 32 SCHOOLS, PUBLIC---Cont'd. Independent school systems--Cont'd Area school districts, boards of education and school superintendents, 2-7201. A uthority to operate, 32-1111. Bonds for schoolhouses, exclusion, see School houses Cities and towns, repeal of law authorizing systems in, 32-1112. Control by county board of education, exclusion from, 32-1 101. Levy and sale, exemption of property from, 32-943. Merger. 32-1201 to32-l203. Tax Constitutional provisions. 2-5701. Rate Fixed by county authorities. exclusion of property located within, 32-1118. Textbook contracts with, 32-720. I nd us try Services Advsory Committee. 32-3601 et seq. See Industry Services Advisory Committee. Law relating to, decision of controversies over construction or administration, 32-910. Leases of property by Department of Education to local school boards. 32-442. Lee's Birthday, observance, 32-1503, Levy and sale, exemption of school property. 32-943. Library service, promotion as part of provisions for public education, 32-2606. See Libraries, Public. Liquor or malt beverages sales on or near school grounds, 58-601, 58-602, 58-724,58-724.1,58-1029. Local school trusteesAppointment, qualifications, etc., 32-1104. Duties, 32-1105. Local taxation for independent systems, 32-1111. Long, Crawford W., birthday observance, 32-1503. Meals, instructions in nutrition, hygiene, etiquette and social graces relating to partaking of, 32-658, 32-659. Memorial Day, observance of, 32-1503. Merger of independent school systems, 32-1201 to 32-1203. Minimum foundation program. 32-601 et seq. See Minimum Foundation Program. Narcotics, instruction in nature of, 32-705. Nonsegregated, expenditure of funds for, repeal of law. 32-801 to 32-804, 32-9916. Observance of special days, 32-1503. Pages in General Assembly excused for absences. 32-2119. Part-time schools, 32-932. Physical education and training, 32-1901 et seq. Playgrounds, maintenance by school boards, 69-605. Preschool age handicapped children, education of, 32-2806. PrincipalsAccount forms or books, 32-821, 32-824. Accounts, 32-822, 32-824. Bonds, 32-820, 32-823, 32-824. Inspection of books, 32-822, 32-824. Quarterly reports, 32-822, 32-824. Reports, 32-822, 32-824. 33 SCHOOLS, PUBLIC--Cont'd. Private schools, lease of property for purposes of, 32-809. See Schools. Private. Property and facilities. 32-909. Punishment of students, corporal, 32-835 to 32-837. Registration to vote by student upon reaching age, 32-656.1. Retirement system for public school employees, 32-3801 et seq. See School Employees Retirement System. Safety, Department of public, lectures and demonstration, 92A-305. Scholastic month, 32-1502. School children, see Students, post. School districts, see School Districts. School year. 32-1501. Stampede hazards, protection against. 32-2001 to 32-2006. State employees, financial assistance to school districts were parents are, 32-825 to 32-831. See School Districts. Stephens, Alexander H., observance of birthday, 32-1503. Students Enumeration. 32-1601 et seq. Supplies and equipment, sale by members of county boards of education, 32-949, 32-950,32-9908. Taxation -- Collection of school taxes by county tax collector, 32-1106. Corporations making returns to Revenue Commissioner, 32-1118. Independent systems, local taxation, for, 32-1111. Local -- Additional tax, 32-1128 to 32-1131. Application of this law, 32-1124. Bond, failure to give. 32-1121. Bond of treasurer, 32-1120. Borrowing to pay teachers for current year, authority for, 32-1132 to 32-1135. Cities and towns, school systems in, 32-1112. Collection by county tax collector. 32-1106. Corporate property subject, 32-1116. County board of education, management by, 32-1101. County line, local tax districts across, 32-1102. Disbursement, method of, 32-1122. Each county to compose one school district, 32-1101. Elections-- Additional tax, 32-1128. Expenses, 32-1107. Governed, how. 32-1125. Municipalities, 32-1109. Repeal additional tax levied, to, 32-1131. Repeal local tax law, to,32-l 110. Failure to lay off districts, 32-1103. School districts, 32-1108. General school laws to be observed, 32-1126. Levy and collect taxes, power to, 32-1127. Local school systems. 32-1111. Management by county board of education, 32-1101. INDEX SCHOOLS, PUBLIC--Cont'd. Taxation--Cont'd. Local--Cont'd. Municipalities, school systems in, 32-1112. Other provisions made applicable, 32-1118. Returns of corporate property and distribution for taxation, 32-1117. Secretary and treasurer, reports by, 32-1119. Tax collector-- Collection by, 32-1106. Duties of. 32-1114. Teachers Additional, employment, 32-615. Americanism, teaching. 32-1022. Appeal from suspension. 32-1010. Borrowing to pay, 2-5601, 32-1301. 32-1303. Denned. 32-2901. Examination, 32-1010. Oath, 32-1022. Filing, 32-1023. Form, 32-1023. Refusal to take, penalties. 32-1024, 32-9907. Violations as to. 32-9907. Patriotism, teaching, 32-1022. Payment of, 32-1301 et seq. Pension, sec teachers Retirement System. Physical education and training, special for, 32-1903. Retirement, 2-5502. See Teachers Retirement System. Sick leave, 32-1304. Suspension, 32-1010. Visiting, to enforce attendance, see Compulsory attendance, ante. Temperance Day, 32-1504. Terms, 32-603. Textbooks, see Schoolbooks. Thanksgiving Day, observance, 32-1503. Time of operating. 32-1501. Transportation of pupils Certification requirements for drivers, 32-425. Contracts with third persons to furnish, 32-427. County boards of education -- Contract with third persons for, 32-427. Contracts extending beyond current year, power to make, 32-928. Employment of drivers by, 32-426. Financial interest of members in, prohibited, 32-128. Maintenance, provison for, 32-426. Operation, provision for, 32-426. Purchase vehicles and equipment, power to,32-426. Repair of equipment, provision for, 32-426. Salaries of drivers, supplementation, 32-124. School employees, furnishing for, 32-126. County school superintendent, financial interest in, prohibited, 32-428. Employees, furnishing for, 32-426. Financial interest of school officials in, prohibited, 32-128. Funds for, 32-423,32-426. Gifts for use in. 32-123. Salaries of drivers, see State Board of Education, post. SCHOOLS, PUBLIC-^-Cont'd. Transportation of pupils--Cont'd. State Board of Education Administration of funds. 32-423. Federal funds, administration. 32-423. Financial interest of members in. prohibited. 32-428. Funds, use to pay bus drivers, 32-423. Gifts, acceptance for use in, 32-423. Salaries of drivers Minimum, establishment. 32-424. Payment out of school fund, 32-423. Supplementation by county boards, 32-424. Standards, of vehicles and certification requirements of operators, prescribing and approving, 32-425. Vehicles, minimum requirements for, 32-125. Trustees, see Local school trustees, ante; School Districts. Schools in county system, 2-6801. Tuition -- Free, constitutional provision, 2-6301. Veterans, 32-937. Uncle Remus Day, observance of. 32-1503. University of Georgia, see I ntversity of Georgia. Vaccination of pupils, regulations, 32-911. Veterans-- Right to attend, regardless of age, 32-937. Vocational education, see Vocational Education. Vote, registration to, by student, upon reaching age, 32-656.1. Washington's birthday observed, 32-1503. Year, length of school, 32-1501. SOCIAL SECURITY FOR EMPLOYEES OK POLITICAL SUBDIVISIONS. Administrative costs, 99-2108. Agreement, Federal-State, 99-2103. Certification, 99-2109. Collection, failure to make, 99-2104. Contribution fund, 99-2105. Coverage of employees, procedure for, 99-2104. Declaration of policy.99-2101. Definitions, 99-2102. Employees Retirement System. 99-2102. Employees, Social Security Coverage Group, establishment, functions, 99-2110. Federal-State agreements. 99-2103. Deductions from wages, 99-2103. Interstate instrumentalities. 99-2103. Payments to Secretary of Treasury, by, 99-2103 I nterstate instrumentality, 99-2103. Plans for coverage of employees. 99-2104. Policy, declaration of, 99-2101. Political subdivision defined, 99-2102. Referenda, 99-2109. Rules and regulations, authority of Employees Retirement System to make. 99-2106. Sole method of coverage. Chapter as, 99-2111. State Highway Board, responsibilities under law,99-2104. State Treasurer, responsibilities under law. 99-2104. Studies and reports, 99-2107. Superior court judges. 99-2103 Treasurer of Employees Retirement System. duties as to. 99-2105. STATE OF GEORGIA. Flag of, laws as to, 86-1205, 86-1206, 86-1208. TEACHERS. See Education, County Boards of. Attendance records, keeping, 32-1020. Correctional institutions, in, salaries, 32-609.1. Deaf, Georgia School for the, 32-2802. Employment, certification and classification, 32-607,32-608. Jury, exemption, 59-112. Minimum foundation program, 32-601 et seq. See Minimum Foundation Program. Payment of, 32-1301 et seq. Professional Teaching Practices Act-- Ethics, codes of, 32-838, 32-839. Professional Practices Commission-- Education Board appointing members, 32-839. Funds, 32-841. Generally, 32-839. Removal from, 32-840. Standards, adoption of and abiding by, 32-838,32-839. Teaching declared to be a profession, 32-838. To whom law applicable, 32-842. Public schools, see Schools, Public. Punishing children, 32-835 to 32-837. Race, assignment based on, 32-848. Retirement, see Teachers Retirement System. Salaries where school closed, 32-803. TEACHERS RETIREMENT SYSTEM. Actuarial-- Equivalent, definition of term, 32-2901. Valuations, keeping data for, 32-2913. Actuary Duties, 32-2916. Selection. 32-2912, 32-2916. Administration by Board of Trustees, 32-2906. See Board of Trustees, post. Age- Membership, as affecting, 32-2903. Retirement, at, 32-2905. Agricultural Extension Service, inclusion of nonclerical personnel, 32-2921. Allowance on service and disability retirements, 32-2905. Amendments to law, time effective, 32-2927. Amounts of service and disability retirement benefits. 32-2905. Annuity -- Additional, purchase, 32-2921. Definition, 32-2901. Exemption from taxation and legal process, 32-2923. Part of retirement or disability allowance, 32-2905. Purchase of, 32-2921. Reserve Fund -- Definition or term, 32-2901. Maintenance, as obligation of pension accumulation fund, 32-2925. Use in payment of benefits, 32-2901. Savings fund, use in payment of benefits, 32-2921. Applicability of laws, 32-2926. Appropriations for payment of benefits, 32-2921,32-2927. Assignability of benefits. 32-2923. INDEX TEACHERS RETIREMENT SYSTEM--Cont'd. Attachment, exemption of benefits from, 32-2923. Attendance officers, status, 32-2113. Benefits-- Death, 32-2905. Minimum, to teachers retiring with 35 years service, 32-2930. Pro-rate benefits to those with less than 36 years service, 32-2930. Service and disability, 32-2905. Service retirement, 32-2905. Board of Regents of University System -- Board of Trustees of System -- Appointment of members, 32-2907. Employee as member of. 32-2907. Inclusion of officials and employees of, 32-2901. Board of Trustees-- Actuarial data, keeping, 32-2913. Administration by, 32-2906. Assets, power to manage, 32-2917. Chairman, 32-2912. Compensation of members, 32-2909. Contributions, duty in case of failure to collect and remit, 32-2921. Creation, 32-2906. Definition of term, 32-2901. Election, 32-2907. Employees, selection and compensation, 32-2912. Expenses, 32-2909, 32-2912. Funds, power to manage, 32-2917. Investment of assets, powers, 32-2917. Legal adviser, 32-2914. Management by, 32-2902. Members, 32-2907. Oath of office, 32-2910. Organization, 32-2910. Payments, how made, 32-2918. Personal profits from investments prohibited, 32-2920. Publication of annual report, 32-2913. Ouorum, 32-2911. Record of proceedings, keeping, 32-2913. Rules and regulations, establishing, 32-2911. Secretary, 32-2912. Taxation, exemption from, 32-2923. Technical adviser, 32-2916. Terms of office, 32-2907. Treasurer. 32-2917. Vacancies, 32-2908. Votes, 32-29II. BondDepository, requirement, 32-2919. Treasurer, 32-2917. Collection from teachers and remittance to Board of Trustees, 32-2921. Commencement date -- Contributions, 32-2901. Definition of term, 32-2901. Effect on payment of benefits, 32-2905. Effective date of law, 32-2927. Compulsory attendance, enforcement officers, status, 32-2113. Compulsory membership, 32-2903. Constitutional provision, 2-5502. Contributions-- Accumulated, definition of term, 32-2901. Appropriation as prerequisite, 32-2927. Appropriations, 32-2921. 34 TEACHERS RETIREMENT SYSTEM-Confd. Contributions--Cont'd. Collection from teachers and remittance to Board of Trustees, 32-2921. Date of commencement, 32-2921. Employers, by, 32-2921. Members of local retirement systems, by, 32-2922. Method of making, 32-2921. Penalty for failure to remit, 32-2921. Percentage normal rate, 32-2921. Prior service accumulations equal to, 32-2904. Return of, on cessation of membership, 32-2905. Withdrawal, effect, 32-2903. Conversion of retirement allowance, 32-2905. Corporate powers and privileges, 32-2902. Correcting errors in records, 32-2924. County taxation for, 2-5502, 2-5701. Creation, 32-2902. Creditable service-- Definition, 32-2901. Determination, method, 32-2904. Date, effective, see Commencement date, ante. Death of member, options for continuance of allowance after, 32-2905. Deductions from salaries of members, 32-2921. Definitions of terms used in law, 32-2901 Defrauding system, penalty, 32-9912. Deposit of funds. 32-2919. Disability retirement benefit, 32-2905. Earnable compensation-- Definition of term, 32-2901. Determination of, 32-2904, 32-2921. Effective date or law, 32-2927. Election-- Member, not to become, 32-2903. Waiver of benefits, 32-2903. Employees of systemPersonal profit from investments prohibited, 32-2920. Selection and compensation, 32-2912. Employees Retirement System, transrer or credits to and from, 32-2904, 32-2921.1, 32-2929. Employer-- Contributions by, 32-2921. Definition or term. 32-2901. Errors in records, rectifying results, 32-2905. Examination ol applicants for disability benefits, 32-2905. Expenses-- Administration, or, 32-2909, 32-2912. Fund for, 32-2921. False statements and falsifying records, penalty, 32-9912. Financing, method, 32-2921. Funds-- Annual report, showing in, 32-2913. Credit of interest and dividends earned on, 32-2921. Data for actuarial valuations of, keeping. 32-2913. Deposit in banks, 32-2919. Division into for purpose of financing, 32-2921. Investments, 32-2917. Management by Trustees, see Board of Trustees, ante. State, contribution of, 32-2932. 35 TEACHERS RETIREMENT SYSTEM-Cont'd. Garnishment, exemption of benefits from, 32-2923. Georgia Education AssociationBoard of Trustees of system -- Election of members, 32-2907. Secretary as ex-officio member, 32-2907. Contributions by employees. 32-2901. Governor appointment of member of, 32-2907. Illness as affecting membership, 32-2903. 1 ncreasing allowances, procedure for, 32-2932. Indebtedness for, constitutional provision. 2-5502. Insurance laws, applicability to investments, etc., 32-2917. 1 Merest -- Basis for annual valuations of contingent assets and liabilities, 32-2916. Contributions, allowance on return of, 32-2905. Credit Payments to member not in service, 32-2903. Pension accumulation found, to, 32-2921. Obligation of pension accumulation fund, 32-2925. Percentage normal contribution rate, basis for, 32-2921. Prior service accumulations, allowance on, 32-2904,32-2905. Rate, determination, 32-2916. Regular, definition, 32-2901. Interruption of service as affecting membership, 32-2903. Investment advisors and counselors, 32-2917. Investment and reinvestment of assets, 32-2917. Laws, applicability, 32-2926. Legal adviser. Attorney General as, 32-2914. Legal process, exemption of benefits, from, 32-2923. Levy and sole exemption of benefits from, 32-2923. Librarians, school, inclusion, 32-2901. Life of member, options for continuance of allowance after end of, 32-2905. Local funds, establishment of allowances out of, 32-2928. Local retirement systems-- Application in nonsectarian private schools, 32-2931. Definition of local retirement fund, 32-2901. Discontinuance, 32-2922. Membership in, effect, 32-2903, 32-2922. Management by Board of Trustees, 32-2902. See Board of Trustees, ante. Maternity leave, 32-2903. Medical Board -- Designation, 32-2915. Duties, 32-2915. Examination and reexamination of members retired for disability, 32-2905. Reports, 32-2915. INDEX TEACHERS RETIREMENT SYSTEM---Cont'd. Membership Age as affecting eligibility, 32-2903. Compulsory, when, 32-2903. Definitions of terms, 32-2901. Eligibility for, 32-2903. Interruption of service as affecting, 32-2903. Length of service as affecting eligibility, 32-2903. Local retirement systems, in, see Local retirement systems, ante. Reestablishment of, 32-2903. Restoration of beneficiaries to, 32-2905. Return of contributions on cessation of, 32-2905. Termination, 32-2903. Waiver, 32-2903. Method of financing, 32-2921. Military service as affecting membership and service, 32-2903, 32-2904. Mortality tables, adoption, 32-2916. Name of system, 32-2902. Optional allowance, 32-2905. Other Georgia school systems, salary deductions where teachers hired from other, 32-2921.2. Penalty for failure to collect and remit contributions, 32-2921. Pension-- Accumulation fund Constitution and use, 32-2921. Obligations on, 32-2925. Definition of term, 32-2901. Discontinuance, for refusal of medical examination, 32-2905. Exemption from taxation and legal process, 32-2923. Local funds, establishment out of, 32-2928. Local systems, members of, 32-2922. Part of retirement or disability allowance, 32-2905. Reduction, on engaging in gainful occupation, 32-2905. Reserve fund -- Definition of term, 32-2901. Use, 32-2921. Statutes, other, applicability, 32-2926. Powers and privileges, 32-2902. Prior service-- Certificate, 32-2904. Credit for, 32-2904. Definition of term, 32-2901. Effect on allowance on service retirement. 32-2905. Length of, as affecting membership, 32-2903. Local retirement systems, credit to members of, 32-2922. Private nonsectarian schools, coverage for teachers and employees of, 32-2931. Public school, definition of term, 32-2901. Publication of annual report, 32-2913. Purpose of system, 32-2902. Records-- Falsifying, penalty, 32-9912. Keeping and publication, 32-2913. Rectifying result of change or error, 32-2924. TEACHERS RETIREMENT SYSTEM--Cont'd. Reduced benefits during life, option to elect. 32-2905. Remittance to Board of Trustees of collections from teachers, 32-2921. Report of transactions, annual publication of, 32-2913. Restoration of beneficiaries to membership, 32-2905. Retirement -- Age, 32-2905. Allowance- Definition of term, 32-2901. Method of determining. 32-2905. Definition of term. 32-2901. Local systems, members of. 32-2922. Return of contributions on cessation of membership, 32-2905. Salary deductions of members, 32-2921, 32-2921.2. Service-- After retirement age, 32-2905. Creditable, 32-2901,32-2904. Definition of term, 32-2901 Failure to render, effect, 32-2903. Prior, see Prior service, ante. Retirement benefit, 32-2905. State Board of Education-- Appropriations to system through, 32-2921. Board of Trustees of system, appointment of members, 32-2907. Inclusion of employees, 32-2901. Penalty, infliction for failure to collect and remit contributions, 32-2921. Withholding for failure to collect and remit contributions, 32-2921 State funds, contribution of, 32-2932. Statutes, other, applicability of, 32-2926. Sue and be sued, right to, 32-2902. Supplemental allowances, 32-2903.2. Tables, mortality, service, etc., adoption and use, 32-2916. Taxation-- Constitutional provisions, 2-5502, 2-5701. Counties, by, 2-5502, 2-5701. Exemption of benefits, 32-2923. Municipalities, by, 2-5502. State, by, 2-5502. Teacher, definition of term, 32-2901. Transfer of credits to and from Employees !*J Retirement System, 32-2921.1, 32-2929. Treasurer, appointment, bond, etc., 32-2917. Trustees, see Board of Trustees, ante. University system, applicability of law to teachers in, 32-2903.1. University System Board of Regents employee as member of board of trustees, 32-2907. Visiting teachers, status, 32-2113. W.G.S.T. employees, 32-2901. Waiver of benefits, 32-2903. Wartime emergencies as affecting membership, 32-2903. % UNIVERSITY OF GEORGIA. Age of persons applying for admission to, repeal of law, 32-166. Agricultural Extension Service-- Teachers Retirement System, inclusion of nonclerical personnel, 32-2901. Arrests on University property, 32-168. Athletic Association-- Agreements as to use of State property, 32-155. Audit by State Auditor as not required, 32-154. Corporation, as, 32-152. Financial operation, 32-153. State agency, as not, 32-153. Athletic contests of colleges, admission tickets-- Manner of sale, 32-9910. Penalty for violation of law relating to sale, 32-9909 to 32-9911. Place of sale, 32-9910. Price limitation, 32-9909. Board of Regents of the University System- Absence from meetings, 32-109. Accounting for farmers institute funds, 32-202. Age of persons applying for admission, 32-166. Agrirama, Georgia, 32-301a et seq. See Agrirama, Georgia. Appointment, 2-6701, 32-104, 32-106, 32-109. Appropriations, allocation of, 32-116, 32-125. Bequests, repeal of law, 32-139. Board of trustees, change from, 32-101. Bond of member receiving funds, 32-132. Bonds, right to issue not altered by Building Authority law, 32-l32a. Branches of University, government of, 32-115,32-128. Budgets, readjustment, 32-125. Chairman, 32-107, 32-127. Education Authority (Schools), member of, 32-1402a. Education Authority (University), member of, 32-102a. Closing institutions or branches of University System to prevent violence or disorder. 32-165. Colleges of political subdivisions, approval of, 2-6701 a. Committees to visit institutions in University System, 32-110. Compensation, 32-111. Condemnation of private property by, 32-145. State's right to condemn, effect, repeal of law, 36-1117. Congressional districts, appointment of members from, 2-6701, 32-104. Constitutional provision, 2-6701. County school systems conveying property to board for facilities for education beyond 12th grade, 32-933. Creation, 2-6701, 32-101, 32-104. Donations, repeal of law, 32-139. Duties and powers, 2-6701, 32-104, 32-112,32-113,32-127,32-128. Engineering Experiment Station, appropriations, 32-305. Expenses, 32-111,32-133. Farmers institutes, conducting, etc., 32-201,32-202. INDEX UNIVERSITY OF GEORGIA--Cont'd. Board of Regents of the University System--Cont'd. Fiscal year, 32-131. Funds, 32-108,32-116 to 32-118, 32-132. Gifts, repeal of law, 32-139. Government of University, 32-113. Governmental agency, repeal of law, 32-138. Governor closing institutions or branches to prevent violence or disorder, 32-165. Governor's exclusion from membership on,2-6701,32-104. Grants, bequests and donations to, 2-7401. Higher Education Assistance Corporation, Chairman as member of, 32-3304. Hospital, operation of, 32-149,32-150. Independent school systems conveying property to board for facilities for education beyond 12th grade, 32-933. Information, giving at Governor's request, 2-3017. Inspection of institutions in University System, 32-110. Junior colleges, see Junior colleges, post. Budget Bureau, transfer of funds by, 32-163. Payments to local operating authorities, 32-160. Policies, fixing. 32-161. Standards, fixing, 32-161. Withholding payments where standards not met, 32-161. I and script fund-- Redemption of bonds, 32-137.1. Reinvestment, 32-137.2. Maximum age of persons applying for admission, 32-166. Medical School- Hospital in conjunction with-- Authority to build, buy, or lease, 32-149. Contract with existing hospital. 32-151. Funds for construction. 32-150. Scholarships in-- Conditions of grant, 32-146. Establishment, 32-146. Financing, 32-148. Penalty for breach of conditions, 32-147. Repayment on breach of condition, 32-147. Return on withdrawal, dismissal, or failure tograduate, 32-147. Meetings. 32-109. Membership, 2-6701, 32-104. Mileage, 32-111. New Board, 2-6701, 32-104 Nuclear facilities, liability insurance for, 32-167. Number of members, 2-6701. Per diem, 32-111. Powers, 2-6701, 32-104, 32-112, 32-113, 32-115,32-121,32-127,32-128. Qualifications, 32-104. Redemption-- Bonds, 32-136, 32-137, 32-137.1. Landscrip fund obligation, 32-135. Obligations, bonds to be issued in, 32-134. Renaming institutions, 32-126. Reorganization, 2-6701, 32-104 to 32-106. Reports, 32-110, 32-129. Requisitions for money, 32-132. 36 UNIVERSITY OF GEORGIA--Cont'd. Board of Regents of the University SystejiwCont'd. Revenues, how handled, repeal of law, 32-140. Rules and regulations, 32-121, 32-127. Salary not paid, 32-111. Sale and conveyances of property, 32-141 to 32-143. Scholarship Commission, executive secretary as executive director and treasurer of, 32-3105. Secretary, 32-108, 32-127. State officers, repeal of law, 32-138. Teacher retirement, authority to supplement allowances, 32-2903.2. Teachers Retirement System board of trustees, employee as member of, 32-2907. Terms of office, 2-6701, 32-104, 32-105. Title to property, 32-119. Trust funds, investment, 32-144. Trustees to carry out devises, etc., 32-118. Tuition, how handled, repeal of law, 32-140. Use of funds restricted, 32-117. Vacancies in office, 2-6701, 32-106, 32-109. Vice chairman, 32-127. Violence prevented by closing institutions or branches of University System, 32-165. Visits to institutions in University System. 32-110. Branches-- Consolidation or discontinuance of, 32-124,32-125. Enumeration, 32-103. Females, admission of, 32-123. Government of, 32-115,32-128. Laws governing, 32-114. Renaming, 32-126. University System, part of, 32-102. Campus, alienation forbidden, 32-120. Chancellor of the University System- Appearance before General Assembly, 32-130. Education Authority (Schools), member of, 32-1402a. Education Authority (University), member of,32-102a. Higher Education Assistance Corporation, as member of, 32-3304. Closing institutions or branches of to prevent violence or disorder, 32-165. Georgia School of Technology-- Branch of University of Georgia, 32-103. State engineering experiment station, 32-301 to 32-305. See Engineering Experiment Stations. Hospital operation of, 32-149, 32-150. Junior colleges Approval of institutions, repeal of law, 32-159. Board of Regents, see Board of Regents of the University System, ante. Condemnation proceedings not affected, 32-164. Definitions, 32-157. Local Operating Authority defined, 32-157. Payments to local operating authorities by Board of Regents, 32-160. Policies, fixing, 32-161. 37 UNIVERSITY OF GEORGIA-Contd. Political subdivisions, taxing power of, 32-158. Program, 32-156. Restriction on payments by State, 32-162. Standards, fixing, 32-161. Taxing power of political subdivisions. 32-158. Title of law, 32-156. Transfer of funds by Budget Bureau, 32-163. Withholding payments where standards not met, 32-161. Landscrip fund, see Board of Regents of the University System, ante. Local Operating Authority defined, 32-157. Maximum age of persons applying for admission to, 32-166. Nuclear facilities, liability insurance, 32-167. Policemen, campus, authority of, 32-168. Religious views of students, 32-122. Retirement of teachers, authority to supplement allowances, 32-2903.2. Teachers-- Americanism, teaching, 32-1022. Oath, 32-1022. Filing, 32-1023. Form, 32-1023. Refusal to take, penalties, 32-1024, 32-9907. Patriotism, teaching, 32-1022. Teachers retirement system, see Teachers Retirement System. Technology, School of, see Georgia School of Technology. Title to property, 32-119. Trustees' name changed to Regents, 32-101. Violence or disorder, closing institutions or branches to prevent, 32-165. VOCATIONAL EDUCATION. Advisory committee, 32-2215. Appropriations by Congress, acceptance 32-413. Building authority, 32-2201 a et soq. See Vocational Trade School Building Authority. Congress-- Acceptance of provisions of Act of, 32-2201. Appropriations, acceptance, 32-413. Custodian of funds, 32-2203. Division of vocational education service-- Chapter 32-23 not repealed, 32-2308a. Definitions, 32-230U. Director, 32-2306a. Industry Services Advisory Committee, as secretary for, 32-3602. Establishment, 32-2304a. Executive officer, 32-2305a. Federal Government cooperation with, 32-2307a. State Board for Vocational Education, 32-2302a, 32-2303a. Equalizing opportunities in certain phases of-- Age limits of trainees, 32-2206. Common school funds, effect of law on distribution, 32-2216. Enlargement of existing laws, 32-2217. Equipment, material, etc., apportionment to local units, 32-2214. Existing laws, effect of law on, 32-2217. Funds, apportionment and distribution, 32-2208,32-2209. INDEX VOCATIONAL EDUCATION--Cont'd. Equalizing apportunities in certain phases of--Cont'd. Jurisdictional area of local unit, trainees living outside of, 32-2209, 32-2211, 32-2212. Local units of administration, 32-2207. Mandatory on local unit, denial of authority to make, 32-2210. Persons to whom law available, 32-2206. Purpose of law, 32-2206. State Advisory Committee, establishment, 32-2215. State Board of Education- Authority, 32-2210, 32-2213, 32-2214. Duties, 32-2206, 32-2208, 32-2209, 32-2215. Transportation, use of funds for, 32-2213. Extension work agents, 32-2205. FundsCustodian of, 32-2203. For vocational education, 32-630, 32-632. I ndustry Services Advisory Committee, 32-3601 et seq. See Industry Services Advisory Committee. Medical services, providing, 32-2320. Police Academy Board, Director as member of, 32-3203. Policy of State as to, 32-631. Prisoner rehabilitation, 77-319. Representing the State, 32-2204. State area trade, vocational, and industrial schools, establishment by State Board of Education-- Allocation of funds to schools, 32-2221. Authority to establish and operate, 32-2218. Common schools, effect of laws for vocational training in, 32-2223. Donations, authority to accept, 32-2220. Existing laws, effect, 32-2223. Federal aid, 32-2220. Funds for, 32-2220. Purchase of land, buildings, and equipment, 32-2219. Rules and regulations, prescribing, 32-2221. Students, requirements, 32-2221. Subjects taught, 32-2218, 32-2221. Teachers, supervisors, and directors, employment and salaries, 32-2222. Transportation of trainees, 32-2222. Veterans as students, 32-2221. State Board-- Designation, 32-2302a. Duties, 32-2303a. Federal funds, administration of, 2-5402. Federal Government, cooperation with, 32-2307a. Lien on cause of action accruing to aided individual, 32-2321. Powers, 32-2303a. State Board of Education, duties of, 32-2202. State, representing. 32-2204. Vocational Rehabilitation Act not repealed or modified, 32-2308a. VOCATIONAL REHABILITATION. Administration of services, 32-2303. Appropriations, 32-2307. Assignable, maintenance is not, 32-2310. Cooperation with Federal Government, 32-2305. Definitions, 32-2301. VOCATIONAL REHABILITATION-Cont'd. Division of, establishment, 32-2302. Eligibility for rehabilitation, 32-2309. Employees, political activity limited, 32-2314. Equipment, title and disposal of, 32-2311. Federal Government, cooperation with, 32-2305. Funds for, 32-634, 32-2306. Gifts, acceptance of, 32-2308. Hearings on applications. 32-2312. Lists, misuse of, 32-2313. Prisoner rehabilitation, 77-319. Records, misuse of, 32-2313. Rehabilitation centers, establishment of, 32-2304. Rights not vested under law, 32-2315. Services, administration of, 32-2303. Social Security Act, Director as administrator of program under, 32-2302. State Board of Vocational Education, subrogation as to damages of rights of person assisted, 32-2319. Subrogation of Board to rights of disabled person to recover damages, 32-2319. Vending stands or machines-- Business sites, 32-2317. *'J Competitive bidding, not open to, 32-2317. Definition of terms, 32-23 18. I ncome, disposal of, 32-2317. License for, 32-2316. Operation by handicapped people, 32-2316. Vested rights not to arise under law, 32-2315. VOCATIONAL TECHNICAL SCHOOLS. Funds for, 32-633. J % SZ frj '& is 1 6, ^ *L. \ o r ^ :^<